As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                    S. B. No. 1  5            

      1997-1998                                                    6            


         SENATORS KEARNS-DIX-OELSLAGER-B. JOHNSON-McLIN-           8            

                      SHEERER-SWEENEY-WHITE                        9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 737.11, 1901.18, 1901.19, 1907.18,  13           

                2919.25, 2919.26, 2919.27, 2919.271, 2935.032,     15           

                2937.23, 3113.31, and 3113.33 and to enact                      

                section 2919.272 of the Revised Code relative to   16           

                the issuance and enforcement of temporary          17           

                protection orders issued in domestic violence                   

                situations, protection orders and consent          18           

                agreements issued or approved by a court of        19           

                domestic relations, and protection orders of       20           

                those types issued by courts of another state and               

                to maintain the provisions of this act on and      21           

                after July 1, 1997, by amending the versions of    22           

                sections 1901.19 and 3113.31 of the Revised Code   23           

                that take effect on that date.                                  




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 737.11, 1901.18, 1901.19,          27           

1907.18, 2919.25, 2919.26, 2919.27, 2919.271, 2935.032, 2937.23,   28           

3113.31, and 3113.33 be amended and section 2919.272 of the        30           

Revised Code be enacted to read as follows:                        31           

      Sec. 737.11.  The police force of a municipal corporation    40           

shall preserve the peace, protect persons and property, and obey   41           

and enforce all ordinances of the legislative authority of the     42           

municipal corporation, all criminal laws of the state and the      43           

United States, all court orders issued and consent agreements      44           

approved pursuant to sections 2919.26 and 3113.31 of the Revised   45           

                                                          2      

                                                                 
Code, and all anti-stalking protection orders issued pursuant to   46           

section 2903.213 of the Revised Code, AND PROTECTION ORDERS        47           

ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED IN SECTION 2919.27   48           

OF THE REVISED CODE.  The fire department shall protect the lives  50           

and property of the people in case of fire. Both the police and    51           

fire departments shall perform any other duties that are provided  52           

by ordinance.  The police and fire departments in every city       53           

shall be maintained under the civil service system.                54           

      A chief or officer of a police force of a municipal          56           

corporation may participate, as the director of an organized       57           

crime task force established under section 177.02 of the Revised   58           

Code or as a member of the investigatory staff of such a task      59           

force, in an investigation of organized criminal activity in any   60           

county or counties in this state under sections 177.01 to 177.03   61           

of the Revised Code.                                               62           

      Sec. 1901.18.  (A)  Except as otherwise provided in this     71           

division or section 1901.181 of the Revised Code, subject to the   72           

monetary jurisdiction of municipal courts as set forth in section  73           

1901.17 of the Revised Code, a municipal court has original        74           

jurisdiction within its territory in all of the following actions  75           

or proceedings and to perform all of the following functions:      76           

      (1)  In any civil action, of whatever nature or remedy, of   78           

which judges of county courts have jurisdiction;                   79           

      (2)  In any action or proceeding at law for the recovery of  81           

money or personal property of which the court of common pleas has  82           

jurisdiction;                                                      83           

      (3)  In any action at law based on contract, to determine,   85           

preserve, and enforce all legal and equitable rights involved in   86           

the contract, to decree an accounting, reformation, or             87           

cancellation of the contract, and to hear and determine all legal  88           

and equitable remedies necessary or proper for a complete          89           

determination of the rights of the parties to the contract;        90           

      (4)  In any action or proceeding for the sale of personal    92           

property under chattel mortgage, lien, encumbrance, or other       93           

                                                          3      

                                                                 
charge, for the foreclosure and marshalling of liens on personal   95           

property of that nature, and for the rendering of personal                      

judgment in the action or proceeding;                              97           

      (5)  In any action or proceeding to enforce the collection   99           

of its own judgments or the judgments rendered by any court        100          

within the territory to which the municipal court has succeeded,   101          

and to subject the interest of a judgment debtor in personal       102          

property to satisfy judgments enforceable by the municipal court;  103          

      (6)  In any action or proceeding in the nature of            105          

interpleader;                                                      106          

      (7)  In any action of replevin;                              108          

      (8)  In any action of forcible entry and detainer;           110          

      (9)  In any action concerning the issuance and enforcement   112          

of temporary protection orders pursuant to section 2919.26 of the  113          

Revised Code or anti-stalking protection orders pursuant to        114          

section 2903.213 of the Revised Code OR THE ENFORCEMENT OF         115          

PROTECTION ORDERS ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED    116          

IN SECTION 2919.27 OF THE REVISED CODE;                            117          

      (10)  If the municipal court has a housing or environmental  119          

division, in any action over which the division is given           120          

jurisdiction by section 1901.181 of the Revised Code, provided     121          

that, except as specified in division (C)(B) of that section, no   123          

judge of the court other than the judge of the division shall      124          

hear or determine any action over which the division has           125          

jurisdiction;                                                      126          

      (11)  In any action brought pursuant to division (I) of      128          

section 3733.11 of the Revised Code, if the residential premises   129          

that are the subject of the action are located within the          130          

territorial jurisdiction of the court;                             131          

      (12)  In any civil action as described in division (B)(1)    133          

of section 3767.41 of the Revised Code that relates to a public    134          

nuisance, and, to the extent any provision of this chapter         135          

conflicts or is inconsistent with a provision of that section,     136          

the provision of that section shall control in the civil action.   137          

                                                          4      

                                                                 
      (B)  The Cleveland municipal court also shall have           140          

jurisdiction within its territory in all of the following actions  141          

or proceedings and to perform all of the following functions:      142          

      (1)  In all actions and proceedings for the sale of real     144          

property under lien of a judgment of the municipal court or a      145          

lien for machinery, material, or fuel furnished or labor           146          

performed, irrespective of amount, and, in those actions and       148          

proceedings, the court may proceed to foreclose and marshal all    150          

liens and all vested or contingent rights, to appoint a receiver,  151          

and to render personal judgment irrespective of amount in favor    152          

of any party.                                                                   

      (2)  In all actions for the foreclosure of a mortgage on     154          

real property given to secure the payment of money or the          155          

enforcement of a specific lien for money or other encumbrance or   156          

charge on real property, when the amount claimed by the plaintiff  157          

does not exceed fifteen thousand dollars and the real property is  159          

situated within the territory, and, in those actions, the court    160          

may proceed to foreclose all liens and all vested and contingent   161          

rights and may proceed to render judgments and make findings and   164          

orders between the parties in the same manner and to the same      165          

extent as in similar actions in the court of common pleas.         167          

      (3)  In all actions for the recovery of real property        169          

situated within the territory to the same extent as courts of      170          

common pleas have jurisdiction;                                    171          

      (4)  In all actions for injunction to prevent or terminate   173          

violations of the ordinances and regulations of the city of        174          

Cleveland enacted or promulgated under the police power of the     175          

city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio    176          

Constitution, over which the court of common pleas has or may      177          

have jurisdiction, and, in those actions, the court may proceed    179          

to render judgments and make findings and orders in the same       182          

manner and to the same extent as in similar actions in the court   184          

of common pleas.                                                                

      Sec. 1901.19.  (A)  Subject to the monetary jurisdiction of  193          

                                                          5      

                                                                 
municipal courts as set forth in section 1901.17 of the Revised    194          

Code, a municipal court and a housing or environmental division    195          

of a municipal court have jurisdiction within its territory in     196          

all of the following actions or proceedings and to perform all of  197          

the following functions:                                           198          

      (1)  To compel attendance of witnesses in any pending        200          

action or proceeding in the same manner as the court of common     201          

pleas;                                                             202          

      (2)  To issue executions on its own judgments;               204          

      (3)  In any legal or equitable action or proceeding, to      206          

enforce the collection of its own judgments;                       207          

      (4)  In any civil action or proceeding at law in which the   209          

subject matter of the action or proceeding is located within the   210          

territory or when the defendant or any of the defendants resides   211          

or is served with summons within the territory;                    212          

      (5)  To issue and enforce any order of attachment;           214          

      (6)  In any action or proceeding in the nature of            216          

creditors' bills, and in aid of execution, to subject the          217          

interest of a judgment debtor in personal property to the payment  218          

of a judgment of the court;                                        219          

      (7)  To issue and enforce temporary protection orders        221          

pursuant to section 2919.26 of the Revised Code and anti-stalking  222          

protection orders pursuant to section 2903.213 of the Revised      223          

Code AND TO ENFORCE PROTECTION ORDERS ISSUED BY COURTS OF ANOTHER  224          

STATE, AS DEFINED IN SECTION 2919.27 OF THE REVISED CODE.          225          

      (B)  Subject to the limitation set forth in this division,   227          

a municipal court or a housing or environmental division of a      228          

municipal court has jurisdiction outside its territory in a        229          

proceeding in aid of execution to subject to the payment of the    230          

judgment the interest in personal property of a judgment debtor    231          

under a judgment rendered by the court or division.  The           232          

jurisdiction provided in this division includes the county or      233          

counties in which the territory of the court or division in        234          

question is situated and any county that is contiguous to that in  235          

                                                          6      

                                                                 
which the court or division is located.  A court or division that  236          

has jurisdiction under this division outside its territory in a    237          

proceeding in aid of execution has the same powers, duties, and    238          

functions relative to the proceeding that it has relative to       239          

proceedings in aid of execution over which it has jurisdiction     240          

other than under this division.                                    241          

      (C)(1)  In any action for garnishment of personal earnings   243          

brought in a municipal court, the court has jurisdiction to serve  244          

process pursuant to section 2716.05 of the Revised Code upon a     245          

garnishee who resides in a county contiguous to that in which the  246          

court is located.                                                  247          

      (2)  In any action for garnishment of property, other than   249          

personal earnings, brought in a municipal court under section      250          

2716.11 of the Revised Code, the court has jurisdiction to serve   251          

process pursuant to section 2716.13 of the Revised Code upon a     252          

garnishee who resides in a county contiguous to that in which the  253          

court is located.                                                  254          

      (3)  Whenever a motion for attachment is filed in a          256          

municipal court under section 2715.03 of the Revised Code, the     257          

court has jurisdiction to serve process pursuant to section        258          

2715.091 of the Revised Code upon a garnishee who resides in a     259          

county contiguous to that in which the court is located.           260          

      (D)  The municipal court of Cleveland also has jurisdiction  262          

in all actions and proceedings in the nature of creditors' bills,  263          

and in aid of execution to subject the interests of a judgment     264          

debtor in real or personal property to the payment of a judgment   265          

of the court.  In such actions and proceedings, the court may      266          

proceed to marshal and foreclose all liens on the property         267          

irrespective of the amount of the lien, and all vested or          268          

contingent rights in the property.                                 269          

      (E)  THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1,      271          

1997.                                                              272          

      Sec. 1907.18.  (A)  County court judges, within and          281          

coextensive with their respective counties, have jurisdiction and  282          

                                                          7      

                                                                 
authority to:                                                      283          

      (1)  Administer an oath authorized or required by law to be  285          

administered;                                                      286          

      (2)  Take acknowledgments of instruments of writing;         288          

      (3)  Issue subpoenas to compel the attendance of witnesses   290          

to give evidence in causes or matters pending before the judges,   291          

or for the purpose of taking depositions or perpetuating           292          

testimony;                                                         293          

      (4)  Proceed against sheriffs, deputy sheriffs, and          295          

constables failing to make return, making false return, or         296          

failing to pay over money collected on execution issued by the     297          

judges;                                                            298          

      (5)  Try actions against other county court judges for       300          

refusing or neglecting to pay over moneys collected in their       301          

official capacity when the amount claimed does not exceed five     302          

hundred dollars.  This division does not deny or impair any        303          

remedy provided by law in such a case by suit on the official      304          

bond of such a county court judge, or by amercement or otherwise,  305          

for neglect or failure to pay over money so collected.             306          

      (6)  Hear actions concerning the issuance and enforcement    308          

of, issue, and enforce temporary protection orders pursuant to     309          

section 2919.26 of the Revised Code and anti-stalking protection   310          

orders pursuant to section 2903.213 of the Revised Code;           311          

      (7)  HEAR ACTIONS CONCERNING THE ENFORCEMENT OF PROTECTION   313          

ORDERS ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED IN SECTION    314          

2919.27 OF THE REVISED CODE, AND TO ENFORCE THOSE PROTECTION       315          

ORDERS.                                                                         

      (B)  County court judges may punish contempts, and exercise  317          

powers necessary to give effect to the jurisdiction of the court   318          

and to enforce its judgments, orders, and decrees, as provided in  319          

this chapter or, in the absence of a provision in this chapter,    320          

in a manner authorized by the Revised Code or common law for the   321          

judges of the courts of common pleas.                              322          

      (C)  County court judges have jurisdiction and authority to  324          

                                                          8      

                                                                 
perform marriage ceremonies anywhere in the state.                 325          

      Sec. 2919.25.  (A)  No person shall knowingly cause or       334          

attempt to cause physical harm to a family or household member.    335          

      (B)  No person shall recklessly cause serious physical harm  337          

to a family or household member.                                   338          

      (C)  No person, by threat of force, shall knowingly cause a  340          

family or household member to believe that the offender will       341          

cause imminent physical harm to the family or household member.    342          

      (D)  Whoever violates this section is guilty of domestic     344          

violence.  A violation of division (C) of this section is a        345          

misdemeanor of the fourth degree.  A violation of division (A) or  346          

(B) of this section is a misdemeanor of the first degree.  If the  347          

offender previously has been convicted of domestic violence or a   348          

violation of section 2903.11, 2903.12, 2903.13, 2903.211, or       349          

2911.211 of the Revised Code involving a person who was a family   350          

or household member at the time of the violation, a violation of   351          

division (A) or (B) of this section is a felony of the fifth       353          

degree and a violation of division (C) of this section is a                     

misdemeanor of the third degree.                                   354          

      (E)  As used in this section and sections 2919.251 and       356          

2919.26 of the Revised Code:                                       357          

      (1)  "Family or household member" means any of the           359          

following:                                                         360          

      (a)  Any of the following who is residing or has resided     362          

with the offender:                                                              

      (i)  A spouse, a person living as a spouse, or a former      364          

spouse of the offender;                                            365          

      (ii)  A parent or a child of the offender, or another        367          

person related by consanguinity or affinity to the offender;       368          

      (iii)  A parent or a child of a spouse, person living as a   370          

spouse, or former spouse of the offender, or another person        371          

related by consanguinity or affinity to a spouse, person living    372          

as a spouse, or former spouse of the offender.                     373          

      (b)  The ALLEGED natural parent of any child of whom the     375          

                                                          9      

                                                                 
offender is the other natural parent.                              377          

      (2)  "Person living as a spouse" means a person who is       379          

living or has lived with the offender in a common law marital      380          

relationship, who otherwise is cohabiting with the offender, or    381          

who otherwise has cohabited with the offender within one year      382          

FIVE YEARS prior to the date of the alleged commission of the act  384          

in question.                                                                    

      Sec. 2919.26.  (A)(1)  Upon the filing of a complaint that   393          

alleges a violation of section 2919.25 of the Revised Code, a      394          

violation of a municipal ordinance substantially similar to that   395          

section, a violation of section 2903.11, 2903.12, 2903.13,         396          

2903.211, or 2911.211 of the Revised Code that involves a person   397          

who was a family or household member at the time of the            398          

violation, or a violation of a municipal ordinance that is         399          

substantially similar to section 2903.13, 2903.211, or 2911.211    400          

of the Revised Code that involves a person who was a family or     401          

household member at the time of the violation, the complainant                  

may file, or, if in an emergency the complainant is unable to      402          

file, a person who made an arrest for the alleged violation under  403          

section 2935.03 of the Revised Code may file on behalf of the      404          

complainant, a motion that requests the issuance of a temporary    405          

protection order as a pretrial condition of release of the         406          

alleged offender, in addition to any bail set under Criminal Rule  407          

46.  The motion shall be filed with the clerk of the court that    408          

has jurisdiction of the case at any time after the filing of the   409          

complaint.                                                         410          

      (2)  For purposes of section 2930.09 of the Revised Code,    412          

all stages of a proceeding arising out of a violation specified    413          

in division (A)(1) of this section, including all proceedings on   414          

a motion for a temporary protection order, are critical stages of  415          

the case, and a complainant may be accompanied by a victim         416          

advocate or another person to provide support to the victim as                  

provided in that section.                                          417          

      (B)  The motion shall be prepared on a form that is          419          

                                                          10     

                                                                 
provided by the clerk of the court, which form shall be            420          

substantially as follows:                                          421          

             "MOTION FOR TEMPORARY PROTECTION ORDER                422          

                .......................... Court                   423          

                    Name and address of court                      424          

State of Ohio                                                      426          

      v.                                                           428          

                                                No. .............               

.................                                                  430          

Name of Defendant                                                  432          

(name of person), the complainant in the above-captioned case,     434          

moves the court to issue a temporary protection order containing   435          

terms designed to ensure the safety and protection of the          436          

complainant and other family or household members, in relation to  437          

the named defendant, pursuant to its authority to issue such an    438          

order under section 2919.26 of the Revised Code.                   439          

      A complaint, a copy of which has been attached to this       441          

motion, has been filed in this court charging the named defendant  442          

with at least one of the following violations of section 2919.25   443          

of the Revised Code that constitutes "domestic violence" or a      444          

municipal ordinance that is substantially similar to that          445          

section:  knowingly causing or attempting to cause physical harm   446          

to a family or household member; recklessly causing serious        447          

physical harm to a family or household member; or, by threat of    448          

force, knowingly causing a family or household member to believe   449          

that he THE NAMED DEFENDANT would cause imminent physical harm to  450          

that family or household member; charging the named defendant      451          

with felonious assault, aggravated assault, or assault that        452          

involved a family or household member in violation of section      453          

2903.11, 2903.12, or 2903.13 of the Revised Code; charging the     455          

named defendant with menacing by stalking or aggravated trespass   456          

that involves a family or household member in violation of                      

section 2903.211 or 2911.211 of the Revised Code; or charging the  457          

named defendant with a violation of a municipal ordinance that is  458          

                                                          11     

                                                                 
substantially similar to section 2903.13, 2903.211, or 2911.211    459          

of the Revised Code that involves a family or household member.    460          

      I understand that I must appear before the court, at a time  462          

set by the court within twenty-four hours after the filing of      463          

this motion, for a hearing on the motion or that, if I am unable   464          

to appear because of hospitalization or a medical condition        465          

resulting from the offense alleged in the complaint, a person who  466          

can provide information about my need for a temporary protection   467          

order must appear before the court in lieu of my appearing in      468          

court.  I understand that any temporary protection order granted   469          

pursuant to this motion is a pretrial condition of release and is  470          

effective only until the disposition of the criminal proceeding    471          

arising out of the attached complaint, or the issuance of a civil  472          

protection order or the approval of a consent agreement, arising   473          

out of the same activities as those that were the basis of the     474          

complaint, under section 3113.31 of the Revised Code.              475          

..........................................                         477          

Signature of complainant                                           479          

(or signature of the arresting officer who filed the motion on     481          

behalf of the complainant)                                         482          

..........................................                         484          

Address of complainant (or office address of the arresting         486          

officer who filed the motion on behalf of the complainant)"        487          

      (C)  As soon as possible after the filing of a motion that   489          

requests the issuance of a temporary protection order, but not     490          

later than twenty-four hours after the filing of the motion, the   491          

court shall conduct a hearing to determine whether to issue the    492          

order.  The person who requested the order shall appear before     493          

the court and provide the court with the information that it       494          

requests concerning the basis of the motion.  If the person who    495          

requested the order is unable to appear and if the court finds     496          

that the failure to appear is because of the person's              497          

hospitalization or medical condition resulting from the offense    498          

alleged in the complaint, another person who is able to provide                 

                                                          12     

                                                                 
the court with the information it requests may appear in lieu of   499          

the person who requested the order.  If the court finds that the   500          

safety and protection of the complainant or other family or        502          

household member of the alleged offender may be impaired by the    503          

continued presence of the alleged offender, the court may issue a  504          

temporary protection order, as a pretrial condition of release,    505          

that contains terms designed to ensure the safety and protection   506          

of the complainant or family or household member, including a      507          

requirement that the alleged offender refrain from entering the    508          

residence, school, business, or place of employment of the         509          

complainant or family or household member.  IF THE ORDER INCLUDES  510          

A REQUIREMENT THAT THE ALLEGED OFFENDER REFRAIN FROM ENTERING THE  511          

RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OF THE                      

COMPLAINANT OR FAMILY OR HOUSEHOLD MEMBER, THE ORDER SHALL STATE   513          

CLEARLY THAT THE ORDER CANNOT BE WAIVED OR NULLIFIED BY AN         514          

INVITATION TO THE ALLEGED OFFENDER FROM THE COMPLAINANT OR FAMILY  515          

OR HOUSEHOLD MEMBER TO ENTER THE RESIDENCE, SCHOOL, BUSINESS, OR   516          

PLACE OF EMPLOYMENT OR BY THE ALLEGED OFFENDER'S ENTRY INTO ONE    517          

OF THOSE PLACES OTHERWISE UPON THE CONSENT OF THE COMPLAINANT OR   518          

FAMILY OR HOUSEHOLD MEMBER.                                        519          

      (D)(1)  Upon the filing of a complaint that alleges a        521          

violation of section 2919.25 of the Revised Code, a violation of   522          

a municipal ordinance that is substantially similar to that        523          

section, a violation of section 2903.11, 2903.12, 2903.13,         524          

2903.211, or 2911.211 of the Revised Code that involves a person   525          

who was a family or household member at the time of the            526          

violation, or a violation of a municipal ordinance that is         527          

substantially similar to section 2903.13, 2903.211, or 2911.211                 

of the Revised Code that involves a person who was a family or     528          

household member at the time of the violation, the court, upon     529          

its own motion, may issue a temporary protection order as a        530          

pretrial condition of release if it finds that the safety and      531          

protection of the complainant or other family or household member  532          

of the alleged offender may be impaired by the continued presence  533          

                                                          13     

                                                                 
of the alleged offender.                                           534          

      (2)  If the court issues a temporary protection order under  536          

this section as an ex parte order, it shall conduct, as soon as    537          

possible after the issuance of the order, a hearing in the         538          

presence of the alleged offender not later than the next day on    539          

which the court is scheduled to conduct business after the day on  540          

which the alleged offender was arrested or at the time of the      541          

appearance of the alleged offender pursuant to summons to          542          

determine whether the order should remain in effect, be modified,               

or be revoked.  The hearing shall be conducted under the           543          

standards set forth in division (C) of this section.               544          

      (3)  An order issued under this division shall contain only  546          

those terms authorized in orders issued under division (C) of      547          

this section.                                                      548          

      (E)  A temporary protection order that is issued as a        550          

pretrial condition of release under this section:                  551          

      (1)  Is in addition to, but shall not be construed as a      553          

part of, any bail set under Criminal Rule 46;                      554          

      (2)  Is effective only until the disposition of the          556          

criminal proceeding arising out of the complaint upon which it is  557          

based, or the issuance of a protection order or the approval of a  558          

consent agreement, arising out of the same activities as those     559          

that were the basis of the complaint, under section 3113.31 of     560          

the Revised Code;                                                  561          

      (3)  Shall not be construed as a finding that the alleged    563          

offender committed the alleged offense, and shall not be           564          

introduced as evidence of the commission of the offense at the     565          

trial of the alleged offender on the complaint upon which the      566          

order is based.                                                    567          

      (F)  A person who meets the criteria for bail under          569          

Criminal Rule 46 and who, if required to do so pursuant to that    570          

rule, executes or posts bond or deposits cash or securities as     571          

bail, shall not be held in custody pending a hearing before the    572          

court on a motion requesting a temporary protection order.         573          

                                                          14     

                                                                 
      (G)(1)  A copy of any temporary protection order that is     575          

issued under this section shall be issued by the court to the      576          

complainant, to the defendant, and to all law enforcement          577          

agencies that have jurisdiction to enforce the order.  The court   578          

shall direct that a copy of the order be delivered to the          579          

defendant on the same day that the order is entered.               580          

      (2)  All law enforcement agencies shall establish and        582          

maintain an index for the temporary protection orders delivered    583          

to the agencies pursuant to division (G)(1) of this section. With  585          

respect to each order delivered, each agency shall note on the     586          

index, the date and time of the receipt of the order by the                     

agency.                                                            587          

      (3)  A complainant who obtains a temporary protection order  590          

under this section may provide notice of the issuance of the       591          

temporary protection order to the judicial and law enforcement     592          

officials in any county other than the county in which the order   593          

is issued by registering that order in the other county in         594          

accordance with division (N) of section 3113.31 of the Revised     595          

Code and filing a copy of the registered protection order with a   596          

law enforcement agency in the other county in accordance with      597          

that division.                                                                  

      (4)  Any officer of a law enforcement agency shall enforce   599          

a temporary protection order issued by any court in this state in  600          

accordance with the provisions of the order, including removing    602          

the defendant from the premises, regardless of whether the order   603          

is registered in the county in which the officer's agency has      604          

jurisdiction as authorized by division (G)(3) of this section.                  

      (H)  Upon a violation of a temporary protection order, the   606          

court may issue another temporary protection order, as a pretrial  607          

condition of release, that modifies the terms of the order that    608          

was violated.                                                      609          

      (I)(1)  As used in divisions (I)(1) and (2) of this          612          

section, "defendant" means a person who is alleged in a complaint  613          

to have committed a violation of the type described in division    614          

                                                          15     

                                                                 
(A) of this section.                                                            

      (2)  If a complaint is filed that alleges that a person      616          

committed a violation of the type described in division (A) of     618          

this section, the court may not issue a temporary protection       619          

order under this section that requires the complainant or another  620          

family or household member of the defendant to do or refrain from  621          

doing an act that the court may require the defendant to do or     622          

refrain from doing under a temporary protection order unless both  623          

of the following apply:                                                         

      (a)  The defendant has filed a separate complaint that       626          

alleges that the complainant or other family or household member   627          

in question who would be required under the order to do or         628          

refrain from doing the act committed a violation of the type       629          

described in division (A) of this section.                                      

      (b)  The court determines that both the complainant or       632          

other family or household member in question who would be          633          

required under the order to do or refrain from doing the act and   634          

the defendant acted primarily as aggressors, that neither the      635          

complainant or other family or household member in question who    636          

would be required under the order to do or refrain from doing the  637          

act nor the defendant acted primarily in self-defense, and, in     638          

accordance with the standards and criteria of this section as                   

applied in relation to the separate complaint filed by the         639          

defendant, that it should issue the order to require the           640          

complainant or other family or household member in question to do  641          

or refrain from doing the act.                                     642          

      (J)  Notwithstanding any provision of law to the contrary,   645          

no court shall charge a fee for the filing of a motion pursuant    646          

to this section.                                                                

      (K)  As used in this section, "victim advocate" means a      649          

person who provides support and assistance for a victim of an      650          

offense during court proceedings.                                               

      Sec. 2919.27.  (A)  No person shall recklessly violate any   660          

THE terms of a ANY OF THE FOLLOWING:                               661          

                                                          16     

                                                                 
      (1)  A protection order issued or consent agreement          663          

approved pursuant to section 2919.26 or 3113.31 of the Revised     664          

Code or the terms of an;                                           665          

      (2)  AN anti-stalking protection order issued pursuant to    667          

section 2903.213 of the Revised Code;                              668          

      (3)  A PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE.  670          

      (B)  Whoever violates this section is guilty of violating a  672          

protection order or consent agreement or anti-stalking protection  674          

order.                                                                          

      (1)  If the offense involves a violation of a protection     677          

order or consent agreement DIVISION (A)(1) OR (3) OF THIS          678          

SECTION, one of the following applies:                             679          

      (a)  Except as otherwise provided in division (B)(1)(b) of   682          

this section, violating a protection order or consent agreement    683          

or anti-stalking protection order is a misdemeanor of the first    684          

degree.                                                                         

      (b)  If the offender previously has been convicted of or     687          

pleaded guilty to two or more violations of section 2903.211 or    688          

2911.211 of the Revised Code that involve the same person who is                

the subject of the protection order or consent agreement or        689          

previously has been convicted of or pleaded guilty to one or more  691          

violations of this section, violating a protection order or        692          

consent agreement or anti-stalking protection order is a felony    693          

of the fifth degree.                                                            

      (2)  If the offense involves a violation of an               695          

anti-stalking protection order DIVISION (A)(2) OF THIS SECTION,    696          

one of the following applies:                                      697          

      (a)  Except as otherwise provided in division (B)(2)(b) of   700          

this section, violating a protection order or consent agreement    701          

or anti-stalking protection order is a misdemeanor of the first    702          

degree.                                                                         

      (b)  If the offender previously has been convicted of or     704          

pleaded guilty to two or more violations of this section OR OF     705          

FORMER SECTION 2919.27 OF THE REVISED CODE involving an            706          

                                                          17     

                                                                 
anti-stalking protection order, two or more violations of section  707          

2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code that   708          

involve the same person who is the subject of the anti-stalking    709          

protection order, or two or more violations of section 2903.214    710          

of the Revised Code as it existed prior to the effective date of   711          

this amendment JULY 1, 1996, violating a protection order or       713          

consent agreement or anti-stalking protection order is a felony    714          

of the fifth degree.                                                            

      (C)  IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER          717          

DIVISION (A)(3) OF THIS SECTION THAT THE PROTECTION ORDER ISSUED   718          

BY A COURT OF ANOTHER STATE DOES NOT COMPLY WITH THE REQUIREMENTS  719          

SPECIFIED IN 18 U.S.C. 2265(b) FOR A PROTECTION ORDER THAT MUST    722          

BE ACCORDED FULL FAITH AND CREDIT BY A COURT OF THIS STATE.        723          

      (D)  AS USED IN THIS SECTION, "PROTECTION ORDER ISSUED BY A  726          

COURT OF ANOTHER STATE" MEANS AN INJUNCTION OR OTHER ORDER ISSUED  727          

BY A CRIMINAL COURT OF ANOTHER STATE FOR THE PURPOSE OF            728          

PREVENTING VIOLENT OR THREATENING ACTS OR HARASSMENT AGAINST,      729          

CONTACT OR COMMUNICATION WITH, OR PHYSICAL PROXIMITY TO ANOTHER    730          

PERSON, INCLUDING A TEMPORARY ORDER AND A FINAL ORDER ISSUED IN    731          

AN INDEPENDENT ACTION OR AS A PENDENTE LITE ORDER IN A PROCEEDING  732          

FOR OTHER RELIEF, AND MEANS AN INJUNCTION OR ORDER OF THAT NATURE  733          

ISSUED BY A CIVIL COURT OF ANOTHER STATE IF THE COURT ISSUED IT    735          

IN RESPONSE TO A COMPLAINT, PETITION, OR MOTION FILED BY OR ON     736          

BEHALF OF A PERSON SEEKING PROTECTION. "PROTECTION ORDER ISSUED    737          

BY A COURT OF ANOTHER STATE" DOES NOT INCLUDE AN ORDER FOR         738          

SUPPORT OR FOR CUSTODY OF A CHILD.                                              

      Sec. 2919.271.  (A)(1)  If a defendant is charged with a     747          

violation of section 2919.27 of the Revised Code or of a           748          

municipal ordinance that is substantially similar to that          749          

section, the court may order an evaluation of the mental           750          

condition of the defendant if the court determines that either of  751          

the following criteria apply:                                      752          

      (a)  If the alleged violation is a violation of a            754          

protection order issued or consent agreement approved pursuant to  755          

                                                          18     

                                                                 
section 2919.26 or 3113.31 of the Revised Code, that the           756          

violation of the protection order or consent agreement allegedly   757          

involves conduct by the defendant that caused physical harm to     758          

the person or property of a family or household member covered by  759          

the order or agreement or conduct by the defendant that caused a   760          

family or household member to believe that the defendant would     761          

cause physical harm to that member or that member's property.      762          

      (b)  If the alleged violation is a violation of an           764          

anti-stalking protection order issued pursuant to section          765          

2903.213 of the Revised Code OR A PROTECTION ORDER ISSUED BY A     766          

COURT OF ANOTHER STATE, that the violation of the anti-stalking    767          

protection order allegedly involves conduct by the defendant that  768          

caused physical harm to the person or property of the person       769          

covered by the order or conduct by the defendant that caused the   770          

person covered by the order to believe that the defendant would    771          

cause physical harm to that person or that person's property.                   

      (2)  The evaluation shall be completed no later than thirty  773          

days from the date the order is entered pursuant to division       774          

(A)(1) of this section.  In that order, the court shall do either  775          

of the following:                                                  776          

      (a)  Order that the evaluation of the mental condition of    778          

the defendant be preceded by an examination conducted either by a  779          

forensic center that is designated by the department of mental     780          

health to conduct examinations and make evaluations of defendants  781          

charged with violations of section 2919.27 of the Revised Code or  782          

of substantially similar municipal ordinances in the area in       783          

which the court is located, or by any other program or facility    784          

that is designated by the department of mental health or the       785          

department of mental retardation and developmental disabilities    786          

to conduct examinations and make evaluations of defendants         787          

charged with violations of section 2919.27 of the Revised Code or  788          

of substantially similar municipal ordinances, and that is         789          

operated by either department or is certified by either            790          

department as being in compliance with the standards established   791          

                                                          19     

                                                                 
under division (J) of section 5119.01 of the Revised Code or       792          

division (C) of section 5123.04 of the Revised Code.               793          

      (b)  Designate a center, program, or facility other than     795          

one designated by the department of mental health or the           796          

department of mental retardation and developmental disabilities,   797          

as described in division (A)(2)(a) of this section, to conduct     799          

the evaluation and preceding examination of the mental condition   800          

of the defendant.                                                               

      Whether the court acts pursuant to division (A)(2)(a) or     802          

(b) of this section, the court may designate examiners other than  803          

the personnel of the center, program, facility, or department      804          

involved to make the evaluation and preceding examination of the   805          

mental condition of the defendant.                                 806          

      (B)  If the court considers that additional evaluations of   808          

the mental condition of a defendant are necessary following the    809          

evaluation authorized by division (A) of this section, the court   810          

may order up to two additional similar evaluations.  These         811          

evaluations shall be completed no later than thirty days from the  812          

date the applicable court order is entered.  If more than one      813          

evaluation of the mental condition of the defendant is ordered     814          

under this division, the prosecutor and the defendant may          815          

recommend to the court an examiner whom each prefers to perform    816          

one of the evaluations and preceding examinations.                 817          

      (C)(1)  The court may order a defendant who has been         819          

released on bail to submit to an examination under division (A)    820          

or (B) of this section.  The examination shall be conducted        821          

either at the detention facility in which the defendant would      822          

have been confined if the defendant had not been released on       823          

bail, or, if so specified by the center, program, facility, or     824          

examiners involved, at the premises of the center, program, or     825          

facility. Additionally, the examination shall be conducted at the  826          

times established by the examiners involved.  If such a defendant  827          

refuses to submit to an examination or a complete examination as   828          

required by the court or the center, program, facility, or         829          

                                                          20     

                                                                 
examiners involved, the court may amend the conditions of the      830          

bail of the defendant and order the sheriff to take the defendant  831          

into custody and deliver the defendant to the detention facility   832          

in which the defendant would have been confined if the defendant   833          

had not been released on bail, or, if so specified by the center,  835          

program, facility, or examiners involved, to the premises of the   836          

center, program, or facility, for purposes of the examination.     837          

      (2)  A defendant who has not been released on bail shall be  839          

examined at the detention facility in which the defendant is       840          

confined or, if so specified by the center, program, facility, or  842          

examiners involved, at the premises of the center, program, or     843          

facility.                                                                       

      (D)  The examiner of the mental condition of a defendant     845          

under division (A) or (B) of this section shall file a written     846          

report with the court within thirty days after the entry of an     847          

order for the evaluation of the mental condition of the            848          

defendant.  The report shall contain the findings of the           849          

examiner; the facts in reasonable detail on which the findings     850          

are based; the opinion of the examiner as to the mental condition  851          

of the defendant; the opinion of the examiner as to whether the    852          

defendant represents a substantial risk of physical harm to other  853          

persons as manifested by evidence of recent homicidal or other     854          

violent behavior, evidence of recent threats that placed other     855          

persons in reasonable fear of violent behavior and serious         856          

physical harm, or evidence of present dangerousness; and the       857          

opinion of the examiner as to the types of treatment or            858          

counseling that the defendant needs.  The court shall provide      859          

copies of the report to the prosecutor and defense counsel.        860          

      (E)  The costs of any evaluation and preceding examination   862          

of a defendant that is ordered pursuant to division (A) or (B) of  863          

this section shall be taxed as court costs in the criminal case.   864          

      (F)  If the examiner considers it necessary in order to      866          

make an accurate evaluation of the mental condition of a           867          

defendant, an examiner under division (A) or (B) of this section   868          

                                                          21     

                                                                 
may request any family or household member of the defendant to     869          

provide the examiner with information.  A family or household      870          

member may, but is not required to, provide information to the     871          

examiner upon receipt of such a request.                           872          

      (G)  As used in this section:                                874          

      (1)  "Bail" includes a recognizance.                         876          

      (2)  "Examiner" means a psychiatrist, a licensed social      878          

worker at the independent practice level who is employed by a      879          

forensic center that is certified as being in compliance with the  880          

standards established under division (J) of section 5119.01 or     881          

division (C) of section 5123.04 of the Revised Code, a licensed    882          

counselor with clinical endorsement who is employed at a forensic  883          

center that is certified as being in compliance with such          884          

standards, or a licensed clinical psychologist, except that in     885          

order to be an examiner, a licensed clinical psychologist shall    886          

meet the criteria of division (I)(1) of section 5122.01 of the     887          

Revised Code or be employed to conduct examinations by the         888          

department of mental health or by a forensic center certified as   889          

being in compliance with the standards established under division  890          

(J) of section 5119.01 or division (C) of section 5123.04 of the   891          

Revised Code that is designated by the department of mental        892          

health.                                                            893          

      (3)  "Family or household member" has the same meaning as    895          

in section 2919.25 of the Revised Code.                            896          

      (4)  "Prosecutor" has the same meaning as in section         898          

2935.01 of the Revised Code.                                       899          

      (5)  "Psychiatrist" and "licensed clinical psychologist"     902          

have the same meanings as in section 5122.01 of the Revised Code.  903          

      (6)  "PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE"   905          

HAS THE SAME MEANING AS IN SECTION 2919.27 OF THE REVISED CODE.    906          

      Sec. 2919.272.  (A)  AS USED IN THIS SECTION, "PROTECTION    908          

ORDER ISSUED BY A COURT OF ANOTHER STATE" HAS THE SAME MEANING AS  909          

IN SECTION 2919.27 OF THE REVISED CODE.                            910          

      (B)  A PERSON WHO HAS OBTAINED A PROTECTION ORDER ISSUED BY  912          

                                                          22     

                                                                 
A COURT OF ANOTHER STATE MAY PROVIDE NOTICE OF THE ISSUANCE OF     915          

THE ORDER TO JUDICIAL AND LAW ENFORCEMENT OFFICIALS IN A COUNTY    916          

OF THIS STATE BY REGISTERING THE ORDER IN THAT COUNTY AND FILING   917          

A COPY OF THE REGISTERED ORDER WITH A LAW ENFORCEMENT AGENCY IN    918          

THAT COUNTY.  TO REGISTER THE ORDER, THE PERSON SHALL OBTAIN A     919          

CERTIFIED COPY OF THE ORDER FROM THE CLERK OF THE COURT THAT       920          

ISSUED THE ORDER AND PRESENT THAT CERTIFIED COPY TO THE CLERK OF   921          

THE COURT OF COMMON PLEAS OR THE CLERK OF A MUNICIPAL COURT OR     922          

COUNTY COURT IN THE COUNTY IN WHICH THE ORDER IS TO BE             923          

REGISTERED.  UPON ACCEPTING THE CERTIFIED COPY OF THE ORDER FOR    924          

REGISTRATION, THE CLERK SHALL PLACE AN ENDORSEMENT OF              925          

REGISTRATION ON THE ORDER AND GIVE THE PERSON A COPY OF THE ORDER  926          

THAT BEARS PROOF OF REGISTRATION.  THE PERSON THEN MAY FILE WITH   927          

A LAW ENFORCEMENT AGENCY IN THAT COUNTY A COPY OF THE ORDER THAT   928          

BEARS PROOF OF REGISTRATION.                                       929          

      (C)  THE CLERK OF EACH COURT OF COMMON PLEAS AND THE CLERK   932          

OF EACH MUNICIPAL COURT AND COUNTY COURT SHALL MAINTAIN A          933          

REGISTRY OF CERTIFIED COPIES OF PROTECTION ORDERS ISSUED BY        934          

COURTS OF ANOTHER STATE THAT HAVE BEEN REGISTERED WITH THE CLERK.  935          

EACH LAW ENFORCEMENT AGENCY SHALL ESTABLISH AND MAINTAIN A         936          

REGISTRY FOR PROTECTION ORDERS DELIVERED TO THE AGENCY PURSUANT    937          

TO THIS SECTION.  THE AGENCY SHALL NOTE IN THE REGISTRY THE DATE   938          

AND TIME THAT THE AGENCY RECEIVED AN ORDER.                        939          

      (D)  AN OFFICER OF A LAW ENFORCEMENT AGENCY SHALL ENFORCE A  942          

PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE IN ACCORDANCE  943          

WITH THE PROVISIONS OF THE ORDER, INCLUDING REMOVING THE OFFENDER  944          

FROM THE PREMISES, REGARDLESS OF WHETHER THE ORDER IS REGISTERED   945          

IN THE COUNTY IN WHICH THE OFFICER'S AGENCY HAS JURISDICTION.      946          

      Sec. 2935.032.  (A)  Not later than ninety days after the    955          

effective date of this section, each agency, instrumentality, or   956          

political subdivision that is served by any peace officer          957          

described in division (B)(1) of section 2935.03 of the Revised     958          

Code shall adopt, in accordance with division (E) of this          959          

section, written policies, written procedures implementing the     960          

                                                          23     

                                                                 
policies, and other written procedures for the peace officers who  961          

serve it to follow in implementing division (B)(3) of section      962          

2935.03 of the Revised Code and for their appropriate response to  963          

each report of an alleged incident of the offense of domestic      964          

violence or an alleged incident of the offense of violating a      965          

protection order or consent agreement.  The policies and           966          

procedures shall conform to and be consistent with the provisions  967          

of divisions (B)(1) and (B)(3) of section 2935.03 of the Revised   968          

Code and divisions (B) to (D) of this section.  Each policy        969          

adopted under this division shall include, but not be limited to,  970          

all of the following:                                              971          

      (1)  Provisions specifying that, if a peace officer who      973          

serves the agency, instrumentality, or political subdivision       974          

responds to an alleged incident of the offense of domestic         975          

violence, an alleged incident of the offense of violating a        976          

protection order or consent agreement, or an alleged incident of   977          

any other offense, both of the following apply:                    978          

      (a)  If the officer determines that there are reasonable     980          

grounds to believe that a person knowingly caused serious          981          

physical harm to another or knowingly caused or attempted to       982          

cause physical harm to another by means of a deadly weapon or      983          

dangerous ordnance, as defined in section 2923.11 of the Revised   984          

Code, then, regardless of whether the victim of the offense was a  985          

family or household member of the offender, the officer shall      986          

treat the incident as felonious assault, shall consider the        987          

offender to have committed and the victim to have been the victim  988          

of felonious assault, shall consider the offense that was          989          

committed to have been felonious assault in determining the        990          

manner in which the offender should be treated, and shall comply   991          

with whichever of the following is applicable:                     992          

      (i)  Unless the officer has reasonable cause to believe      994          

that, during the incident, the offender who committed the          995          

felonious assault and one or more other persons committed          996          

offenses against each other, the officer shall arrest the          997          

                                                          24     

                                                                 
offender who committed the felonious assault pursuant to section   998          

2935.03 of the Revised Code and shall detain him THAT OFFENDER     999          

pursuant to that section until a warrant can be obtained, and the  1,001        

arrest shall be for felonious assault.                             1,002        

      (ii)  If the officer has reasonable cause to believe that,   1,004        

during the incident, the offender who committed the felonious      1,005        

assault and one or more other persons committed offenses against   1,006        

each other, the officer shall determine in accordance with         1,007        

division (B)(3)(d) of section 2935.03 of the Revised Code which    1,008        

of those persons is the primary physical aggressor.  If the        1,009        

offender who committed the felonious assault is the primary        1,010        

physical aggressor, the officer shall arrest that offender for     1,011        

felonious assault pursuant to section 2935.03 of the Revised Code  1,012        

and shall detain him THAT OFFENDER pursuant to that section until  1,014        

a warrant can be obtained, and the officer is not required to      1,015        

arrest but may arrest pursuant to section 2935.03 of the Revised   1,016        

Code any other person who committed an offense but who is not the  1,017        

primary physical aggressor.  If the offender who committed the     1,018        

felonious assault is not the primary physical aggressor, the       1,019        

officer is not required to arrest that offender or any other       1,020        

person who committed an offense during the incident but may        1,021        

arrest any of them pursuant to section 2935.03 of the Revised      1,022        

Code and detain them pursuant to that section until a warrant can  1,023        

be obtained.                                                                    

      (b)  If the officer determines that there are reasonable     1,025        

grounds to believe that a person, while under the influence of     1,026        

sudden passion or in a sudden fit of rage, either of which is      1,027        

brought on by serious provocation occasioned by the victim that    1,028        

is reasonably sufficient to incite the person into using deadly    1,029        

force, knowingly caused serious physical harm to another or        1,030        

knowingly caused or attempted to cause physical harm to another    1,031        

by means of a deadly weapon or dangerous ordnance, as defined in   1,032        

section 2923.11 of the Revised Code, then, regardless of whether   1,033        

the victim of the offense was a family or household member of the  1,034        

                                                          25     

                                                                 
offender, the officer shall treat the incident as aggravated       1,035        

assault, shall consider the offender to have committed and the     1,036        

victim to have been the victim of aggravated assault, shall        1,037        

consider the offense that was committed to have been aggravated    1,038        

assault in determining the manner in which the offender should be  1,039        

treated, and shall comply with whichever of the following is       1,040        

applicable:                                                        1,041        

      (i)  Unless the officer has reasonable cause to believe      1,043        

that, during the incident, the offender who committed the          1,044        

aggravated assault and one or more other persons committed         1,045        

offenses against each other, the officer shall arrest the          1,046        

offender who committed the aggravated assault pursuant to section  1,047        

2935.03 of the Revised Code and shall detain him THAT OFFENDER     1,048        

pursuant to that section until a warrant can be obtained, and the  1,050        

arrest shall be for aggravated assault.                            1,051        

      (ii)  If the officer has reasonable cause to believe that,   1,053        

during the incident, the offender who committed the aggravated     1,054        

assault and one or more other persons committed offenses against   1,055        

each other, the officer shall determine in accordance with         1,056        

division (B)(3)(d) of section 2935.03 of the Revised Code which    1,057        

of those persons is the primary physical aggressor.  If the        1,058        

offender who committed the aggravated assault is the primary       1,059        

physical aggressor, the officer shall arrest that offender for     1,060        

aggravated assault pursuant to section 2935.03 of the Revised      1,061        

Code and shall detain him THAT OFFENDER pursuant to that section   1,062        

until a warrant can be obtained, and the officer is not required   1,064        

to arrest but may arrest pursuant to section 2935.03 of the        1,065        

Revised Code any other person who committed an offense but who is  1,066        

not the primary physical aggressor.  If the offender who           1,067        

committed the aggravated assault is not the primary physical       1,068        

aggressor, the officer is not required to arrest that offender or  1,069        

any other person who committed an offense during the incident but  1,070        

may arrest any of them pursuant to section 2935.03 of the Revised  1,071        

Code and detain them pursuant to that section until a warrant can  1,072        

                                                          26     

                                                                 
be obtained.                                                       1,073        

      (2)  Provisions requiring the peace officers who serve the   1,075        

agency, instrumentality, or political subdivision to do all of     1,076        

the following:                                                     1,077        

      (a)  Respond without undue delay to a report of an alleged   1,079        

incident of the offense of domestic violence or the offense of     1,080        

domestic violence or the offense of violating a protection order   1,081        

or consent agreement;                                              1,082        

      (b)  If the alleged offender has been granted pretrial       1,084        

release from custody on a prior charge of the offense of domestic  1,085        

violence or the offense of violating a protection order or         1,086        

consent agreement and has violated one or more conditions of that  1,087        

pretrial release, document the facts and circumstances of the      1,088        

violation in the report to the law enforcement agency he serves    1,089        

that he THE PEACE OFFICER makes pursuant to division (D) of this   1,090        

section;                                                           1,091        

      (c)  Separate the victim of the offense of domestic          1,093        

violence or the offense of violating a protection order or         1,094        

consent agreement and the alleged offender, conduct separate       1,095        

interviews with the victim and the alleged offender in separate    1,096        

locations, and take a written statement from the victim that       1,097        

indicates the frequency and severity of any prior incidents of     1,098        

physical abuse of the victim by the alleged offender, the number   1,099        

of times the victim has called peace officers for assistance, and  1,100        

the disposition of those calls, if known;                          1,101        

      (d)  Comply with divisions (B)(1) and (B)(3) of section      1,103        

2935.03 of the Revised Code and with divisions (B), (C), and (D)   1,104        

of this section.                                                   1,105        

      (3)  Sanctions to be imposed upon a peace officer who        1,107        

serves the agency, instrumentality, or political subdivision and   1,108        

who fails to comply with any provision in the policy or with       1,109        

division (B)(1) or (B)(3) of section 2935.03 of the Revised Code   1,110        

or division (B), (C), or (D) of this section.                      1,111        

      (4)  Examples of reasons that a peace officer may consider   1,113        

                                                          27     

                                                                 
for not arresting and detaining until a warrant can be obtained a  1,114        

person who allegedly committed the offense of domestic violence    1,115        

or the offense of violating a protection order or consent          1,116        

agreement when it is the preferred course of action in this state  1,117        

that the officer arrest the alleged offender, as described in      1,118        

division (B)(3)(b) of section 2935.03 of the Revised Code.         1,119        

      (B)(1)  Nothing in this section or in division (B)(1) or     1,121        

(B)(3) of section 2935.03 of the Revised Code precludes an         1,122        

agency, instrumentality, or political subdivision that is served   1,123        

by any peace officer described in division (B)(1) of section       1,124        

2935.03 of the Revised Code from including in the policy it        1,125        

adopts under division (A) of this section either of the following  1,126        

types of provisions:                                               1,127        

      (a)  A provision that requires the peace officers who serve  1,129        

it, if they have reasonable grounds to believe that the offense    1,130        

of domestic violence or the offense of violating a protection      1,131        

order or consent agreement has been committed within the limits    1,132        

of the jurisdiction of the agency, instrumentality, or political   1,133        

subdivision and reasonable cause to believe that a particular      1,134        

person committed the offense, to arrest the alleged offender;      1,135        

      (b)  A provision that does not require the peace officers    1,137        

who serve it, if they have reasonable grounds to believe that the  1,138        

offense of domestic violence or the offense of violating a         1,139        

protection order or consent agreement has been committed within    1,140        

the limits of the jurisdiction of the agency, instrumentality, or  1,141        

political subdivision and reasonable cause to believe that a       1,142        

particular person committed the offense, to arrest the alleged     1,143        

offender, but that grants the officers less discretion in those    1,144        

circumstances in deciding whether to arrest the alleged offender   1,145        

than peace officers are granted by divisions (B)(1) and (B)(3) of  1,146        

section 2935.03 of the Revised Code.                               1,147        

      (2)  If an agency, instrumentality, or political             1,149        

subdivision that is served by any peace officer described in       1,150        

division (B)(1) of section 2935.03 of the Revised Code includes    1,151        

                                                          28     

                                                                 
in the policy it adopts under division (A) of this section a       1,152        

provision of the type described in division (B)(1)(a) or (b) of    1,153        

this section, the peace officers who serve the agency,             1,154        

instrumentality, or political subdivision shall comply with the    1,155        

provision in making arrests authorized under division (B)(1) of    1,156        

section 2935.03 of the Revised Code.                               1,157        

      (C)  When a peace officer described in division (B)(1) of    1,159        

section 2935.03 of the Revised Code investigates a report of an    1,160        

alleged incident of the offense of domestic violence or an         1,161        

alleged incident of the offense of violating a protection order    1,162        

or consent agreement, the officer shall do all of the following:   1,163        

      (1)  Complete a domestic violence report in accordance with  1,165        

division (D) of this section;                                      1,166        

      (2)  Advise the victim of the availability of a temporary    1,168        

protection order pursuant to section 2919.26 of the Revised Code   1,169        

or a protection order or consent agreement pursuant to section     1,170        

3113.31 of the Revised Code;                                       1,171        

      (3)  Give the victim the officer's name, the officer's       1,173        

badge number if the officer has a badge and the badge has a        1,174        

number, the report number for the incident if a report number is   1,175        

available at the time of the officer's investigation, a telephone  1,176        

number that the victim can call for information about the case,    1,177        

the telephone number of a domestic violence shelter in the area,   1,178        

and information on any local victim advocate program.              1,179        

      (D)  A peace officer who investigates a report of an         1,181        

alleged incident of the offense of domestic violence or an         1,182        

alleged incident of the offense of violating a protection order    1,183        

or consent agreement shall make a written report of the incident   1,184        

whether or not an arrest is made.  The report shall document the   1,185        

officer's observations of the victim and the alleged offender,     1,186        

any visible injuries of the victim or alleged offender, any        1,187        

weapons at the scene, the actions of the alleged offender, any     1,188        

statements made by the victim or witnesses, and any other          1,189        

significant facts or circumstances.  If the officer does not       1,190        

                                                          29     

                                                                 
arrest and detain until a warrant can be obtained a person who     1,191        

allegedly committed the offense of domestic violence or the        1,192        

offense of violating a protection order or consent agreement when  1,193        

it is the preferred course of action in this state pursuant to     1,194        

division (B)(3)(b) of section 2935.03 of the Revised Code that     1,195        

the alleged offender be arrested, the officer must articulate in   1,196        

the report a clear statement of his THE OFFICER'S reasons for not  1,198        

arresting and detaining that alleged offender until a warrant can               

be obtained. The officer shall submit the written report to the    1,200        

law enforcement agency to which he THE OFFICER has been            1,201        

appointed, employed, or elected.                                   1,203        

      (E)  Each agency, instrumentality, or political subdivision  1,205        

that is required to adopt policies and procedures under division   1,206        

(A) of this section shall adopt those policies and procedures in   1,207        

conjunction and consultation with shelters in the community for    1,208        

victims of domestic violence and private organizations, law        1,209        

enforcement agencies, and other public agencies in the community   1,210        

that have expertise in the recognition and handling of domestic    1,211        

violence cases.                                                    1,212        

      (F)  A PEACE OFFICER WHO IN GOOD FAITH ARRESTS AN OFFENDER   1,215        

FOR THE OFFENSE OF VIOLATING A PROTECTION ORDER WITH RESPECT TO A  1,216        

PROTECTION ORDER OR CONSENT AGREEMENT THAT ON ITS FACE IS VALID    1,217        

IS IMMUNE FROM LIABILITY IN A CIVIL ACTION FOR DAMAGES FOR         1,218        

INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY WAS    1,219        

CAUSED BY OR RELATED TO THE ARREST.                                1,220        

      (G)  EACH AGENCY, INSTRUMENTALITY, OR POLITICAL SUBDIVISION  1,223        

DESCRIBED IN DIVISION (A) OF THIS SECTION THAT ARRESTS AN          1,225        

OFFENDER FOR AN ALLEGED INCIDENT OF THE OFFENSE OF DOMESTIC        1,226        

VIOLENCE OR AN ALLEGED INCIDENT OF THE OFFENSE OF VIOLATING A      1,227        

PROTECTION ORDER SHALL CONSIDER REFERRING THE CASE TO FEDERAL      1,228        

AUTHORITIES FOR PROSECUTION UNDER FEDERAL LAW IF THE INCIDENT      1,229        

CONSTITUTES A VIOLATION OF FEDERAL LAW.                                         

      (H)  AS USED IN THIS SECTION, "THE OFFENSE OF VIOLATING A    1,232        

PROTECTION ORDER" INCLUDES THE FORMER OFFENSE OF VIOLATING A       1,233        

                                                          30     

                                                                 
PROTECTION ORDER OR CONSENT AGREEMENT OR ANTI-STALKING PROTECTION  1,234        

ORDER AS SET FORTH IN FORMER SECTION 2919.27 OF THE REVISED CODE.  1,237        

      Sec. 2937.23.  (A)  In a case involving a felony, the judge  1,247        

or magistrate shall fix the amount of bail.  In a case involving                

a misdemeanor or a violation of a municipal ordinance and not      1,248        

involving a felony, the judge, magistrate, or clerk of the court   1,249        

may fix the amount of bail and may do so in accordance with a      1,250        

schedule previously fixed by the judge or magistrate, or, in a     1,252        

case when the judge, magistrate, or clerk of the court is not      1,253        

readily available, the sheriff, deputy sheriff, marshal, deputy    1,254        

marshal, police officer, or jailer having custody of the person    1,255        

charged may fix the amount of bail in accordance with a schedule   1,257        

previously fixed by the judge or magistrate and shall take the     1,258        

bail only in the county courthouse, the municipal or township      1,259        

building, or the county or municipal jail.  In all cases, the      1,260        

bail shall be fixed with consideration of the seriousness of the   1,261        

offense charged, the previous criminal record of the defendant,    1,262        

and the probability of the defendant appearing at the trial of     1,263        

the case.                                                                       

      (B)  In any case involving an alleged violation of section   1,265        

2919.27 of the Revised Code or of a municipal ordinance that is    1,266        

substantially similar to that section and in which the court       1,267        

finds that either of the following criteria applies, the court     1,268        

shall determine whether it will order an evaluation of the mental  1,269        

condition of the defendant pursuant to section 2919.271 of the     1,270        

Revised Code and, if it decides to so order, shall issue the       1,271        

order requiring that evaluation before it sets bail for the        1,272        

person charged with the violation:                                              

      (1)  Regarding an alleged violation of a temporary           1,274        

protection order or consent agreement, that the violation of the   1,275        

order or agreement allegedly involves conduct by the defendant     1,276        

that caused physical harm to the person or property of a family    1,277        

or household member covered by the order or agreement or conduct   1,278        

by that defendant that caused a family or household member to      1,279        

                                                          31     

                                                                 
believe that the defendant would cause physical harm to that       1,280        

member or that member's property;                                  1,281        

      (2)  Regarding an alleged violation of an anti-stalking      1,283        

protection order OR A PROTECTION ORDER ISSUED BY A COURT OF        1,284        

ANOTHER STATE, AS DEFINED IN SECTION 2919.27 OF THE REVISED CODE,  1,285        

that the violation of the order allegedly involves conduct by the  1,287        

defendant that caused physical harm to the person or property of   1,288        

the person covered by the order or conduct by that defendant that  1,289        

caused the person covered by the order to believe that the         1,290        

defendant would cause physical harm to that person or that         1,291        

person's property.                                                              

      Sec. 3113.31.  (A)  As used in this section:                 1,300        

      (1)  "Domestic violence" means the occurrence of one or      1,302        

more of the following acts against a family or household member:   1,303        

      (a)  Attempting to cause or recklessly causing bodily        1,305        

injury;                                                            1,306        

      (b)  Placing another person by the threat of force in fear   1,308        

of imminent serious physical harm or committing a violation of     1,309        

section 2903.211 or 2911.211 of the Revised Code;                  1,310        

      (c)  Committing any act with respect to a child that would   1,312        

result in the child being an abused child, as defined in section   1,313        

2151.031 of the Revised Code.                                      1,314        

      (2)  "Court" means the domestic relations division of the    1,316        

court of common pleas in counties that have a domestic relations   1,317        

division, and the court of common pleas in counties that do not    1,318        

have a domestic relations division.                                1,319        

      (3)  "Family or household member" means any of the           1,321        

following:                                                         1,322        

      (a)  Any of the following who is residing with or has        1,324        

resided with the respondent:                                       1,325        

      (i)  A spouse, a person living as a spouse, or a former      1,327        

spouse of the respondent;                                          1,328        

      (ii)  A parent or a child of the respondent, or another      1,330        

person related by consanguinity or affinity to the respondent;     1,331        

                                                          32     

                                                                 
      (iii)  A parent or a child of a spouse, person living as a   1,333        

spouse, or former spouse of the respondent, or another person      1,334        

related by consanguinity or affinity to a spouse, person living    1,335        

as a spouse, or former spouse of the respondent.                   1,336        

      (b)  The ALLEGED natural parent of any child of whom the     1,338        

respondent is the other natural parent.                            1,340        

      (4)  "Person living as a spouse" means a person who is       1,342        

living or has lived with the respondent in a common law marital    1,343        

relationship, who otherwise is cohabiting with the respondent, or  1,345        

who otherwise has cohabited with the respondent within one year                 

FIVE YEARS prior to the date of the alleged occurrence of the act  1,347        

in question.                                                       1,348        

      (5)  "Victim advocate" means a person who provides support   1,350        

and assistance for a person who files a petition under this        1,351        

section.                                                                        

      (B)  The court has jurisdiction over all proceedings under   1,353        

this section.  The petitioner's right to relief under this         1,354        

section is not affected by leaving the residence or household to   1,356        

avoid further domestic violence.                                                

      (C)  A person may seek relief under this section for the     1,359        

person, or any parent or adult household member may seek relief    1,360        

under this section on behalf of any other family or household      1,361        

member, by filing a petition with the court.  The petition shall   1,362        

contain or state:                                                  1,363        

      (1)  An allegation that the respondent engaged in domestic   1,365        

violence against a family or household member of the respondent,   1,366        

including a description of the nature and extent of the domestic   1,367        

violence;                                                          1,368        

      (2)  The relationship of the respondent to the petitioner,   1,370        

and to the victim if other than the petitioner;                    1,371        

      (3)  A request for relief under this section.                1,373        

      (D)  If a person who files a petition pursuant to this       1,375        

section requests an ex parte order, the court shall hold an ex     1,376        

parte hearing on the same day that the petition is filed.  The     1,377        

                                                          33     

                                                                 
court may, for good cause shown at the ex parte hearing, enter     1,378        

any temporary orders, with or without bond, including, but not     1,379        

limited to, an order described in division (E)(1)(a), (b), or (c)  1,380        

of this section, that the court finds necessary to protect the     1,381        

family or household member from domestic violence.  Immediate and  1,382        

present danger of domestic violence to the family or household     1,383        

member constitutes good cause for purposes of this section.        1,384        

Immediate and present danger includes, but is not limited to,      1,385        

situations in which the respondent has threatened the family or    1,386        

household member with bodily harm or in which the respondent has   1,387        

previously engaged in domestic violence against the family or      1,388        

household member.                                                  1,389        

      If the court, after an ex parte hearing, issues an order     1,391        

described in division (E)(1)(b) or (c) of this section, the court  1,392        

shall schedule a full hearing that shall be held, within seven     1,393        

court days after the ex parte hearing, SHALL SCHEDULE A FULL       1,394        

HEARING.  If any other type of protection order that is            1,395        

authorized under division (E) of this section is issued by the     1,396        

court after an ex parte hearing, the full hearing shall be held    1,398        

COURT, within ten days after the ex parte hearing, SHALL SCHEDULE  1,399        

A FULL HEARING.  The respondent shall be given notice of, and an   1,400        

opportunity to be heard at, the full hearing.  AN EX PARTE ORDER   1,401        

ISSUED UNDER THIS SECTION DOES NOT EXPIRE BECAUSE OF A FAILURE TO  1,403        

SERVE NOTICE UPON THE RESPONDENT BEFORE THE DATE SET FOR THE       1,404        

HEARING OR BECAUSE THE COURT GRANTS A CONTINUANCE SO THAT NOTICE   1,405        

MAY BE SERVED UPON THE RESPONDENT.                                              

      If a person who files a petition pursuant to this section    1,407        

does not request an ex parte order, or if a person requests an ex  1,408        

parte order but the court does not issue an ex parte order after   1,409        

an ex parte hearing, the court shall proceed as in a normal civil  1,410        

action and grant a full hearing on the matter.                     1,411        

      (E)(1)  After an ex parte or full hearing, the court may     1,413        

grant any protection order, with or without bond, or approve any   1,414        

consent agreement to bring about a cessation of domestic violence  1,415        

                                                          34     

                                                                 
against the family or household members.  The order or agreement   1,416        

may:                                                               1,417        

      (a)  Direct the respondent to refrain from abusing the       1,419        

family or household members;                                       1,420        

      (b)  Grant possession of the residence or household to the   1,422        

petitioner or other family or household member, to the exclusion   1,423        

of the respondent, by evicting the respondent, when the residence  1,424        

or household is owned or leased solely by the petitioner or other  1,425        

family or household member, or by ordering the respondent to       1,426        

vacate the premises, when the residence or household is jointly    1,427        

owned or leased by the respondent, and the petitioner or other     1,428        

family or household member;                                        1,429        

      (c)  When the respondent has a duty to support the           1,431        

petitioner or other family or household member living in the       1,432        

residence or household and the respondent is the sole owner or     1,433        

lessee of the residence or household, grant possession of the      1,434        

residence or household to the petitioner or other family or        1,435        

household member, to the exclusion of the respondent, by ordering  1,436        

the respondent to vacate the premises, or, in the case of a        1,437        

consent agreement, allow the respondent to provide suitable,       1,438        

alternative housing;                                               1,439        

      (d)  Temporarily allocate parental rights and                1,441        

responsibilities for the care of, or establish temporary           1,443        

visitation rights with regard to, minor children, if no other      1,444        

court has determined, or is determining, the allocation of         1,445        

parental rights and responsibilities for the minor children or     1,446        

visitation rights;                                                 1,447        

      (e)  Require the respondent to maintain support, if the      1,449        

respondent customarily provides for or contributes to the support  1,450        

of the family or household member, or if the respondent has a      1,451        

duty to support the petitioner or family or household member;      1,452        

      (f)  Require the respondent, petitioner, victim of domestic  1,454        

violence, or any combination of those persons, to seek             1,455        

counseling;                                                        1,456        

                                                          35     

                                                                 
      (g)  Require the respondent to refrain from entering the     1,458        

residence, school, business, or place of employment of the         1,459        

petitioner or family or household member;                          1,460        

      (h)  Grant other relief that the court considers equitable   1,462        

and fair, including, but not limited to, ordering the respondent   1,463        

to permit the use of a motor vehicle by the petitioner or other    1,464        

family or household member and the apportionment of household and  1,465        

family personal property.                                          1,466        

      (2)  If a protection order has been issued pursuant to this  1,468        

section in a prior action involving the respondent and the         1,469        

petitioner or one or more of the family or household members, the  1,470        

court may include in a protection order that it issues a           1,471        

prohibition against the respondent returning to the residence or   1,472        

household and a prohibition against the petitioner inviting or     1,473        

admitting the respondent to the residence or household while the   1,474        

order is in effect.                                                1,475        

      (3)(a)  Any protection order or approved consent agreement   1,477        

shall be valid until a date certain, but not later than two FIVE   1,478        

years from the date of its issuance or approval.                   1,480        

      (b)  Subject to the limitation on the duration of an order   1,482        

or agreement set forth in division (E)(3)(a) of this section, any  1,483        

order under division (E)(1)(d) of this section shall terminate on  1,484        

the date that a court in an action for divorce, dissolution of     1,486        

marriage, or legal separation brought by the petitioner or                      

respondent issues an order allocating parental rights and          1,487        

responsibilities for the care of children or on the date that a    1,488        

juvenile court in an action brought by the petitioner or           1,489        

respondent issues an order awarding legal custody of minor         1,490        

children.  Subject to the limitation on the duration of an order                

or agreement set forth in division (E)(3)(a) of this section, any  1,491        

order under division (E)(1)(e) of this section shall terminate on  1,492        

the date that a court in an action for divorce, dissolution of     1,493        

marriage, or legal separation brought by the petitioner or         1,494        

respondent issues a support order or on the date that a juvenile   1,495        

                                                          36     

                                                                 
court in an action brought by the petitioner or respondent issues               

a support order.                                                   1,496        

      (c)  Any protection order issued or consent agreement        1,499        

approved pursuant to this section may be renewed in the same       1,500        

manner as the original order or agreement was issued or approved.  1,501        

      (4)  A court may not issue a protection order that requires  1,503        

a petitioner to do or to refrain from doing an act that the court  1,504        

may require a respondent to do or to refrain from doing under      1,505        

division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this        1,506        

section unless all of the following apply:                                      

      (a)  The respondent files a separate petition for a          1,508        

protection order in accordance with this section.                  1,509        

      (b)  The petitioner is served notice of the respondent's     1,511        

petition at least forty-eight hours before the court holds a       1,512        

hearing with respect to the respondent's petition, or the          1,513        

petitioner waives the right to receive this notice.                1,514        

      (c)  If the petitioner has requested an ex parte order       1,516        

pursuant to division (D) of this section, the court does not       1,517        

delay any hearing required by that division beyond the time        1,518        

specified in that division in order to consolidate the hearing     1,519        

with a hearing on the petition filed by the respondent.                         

      (d)  After a full hearing at which the respondent presents   1,521        

evidence in support of the request for a protection order and the  1,522        

petitioner is afforded an opportunity to defend against that       1,523        

evidence, the court determines that the petitioner has committed   1,524        

an act of domestic violence or has violated a temporary            1,525        

protection order issued pursuant to section 2919.26 of the                      

Revised Code, that both the petitioner and the respondent acted    1,526        

primarily as aggressors, and that neither the petitioner nor the   1,527        

respondent acted primarily in self-defense.                        1,528        

      (5)  No order or agreement under this section shall in any   1,530        

manner affect title to any real property.                          1,531        

      (6)(a)  If a petitioner, or the child of a petitioner, who   1,533        

obtains a protection order or consent agreement pursuant to        1,534        

                                                          37     

                                                                 
division (E)(1) of this section or a temporary protection order    1,535        

pursuant to section 2919.26 of the Revised Code and is the         1,536        

subject of a visitation or companionship order issued pursuant to  1,537        

section 3109.051, 3109.11, or 3109.12 of the Revised Code or       1,538        

division (E)(1)(d) of this section granting visitation or          1,539        

companionship rights to the respondent, the court may require the  1,540        

public children services agency of the county in which the court   1,541        

is located to provide supervision of the respondent's exercise of               

visitation or companionship rights with respect to the child for   1,542        

a period not to exceed nine months, if the court makes the         1,543        

following findings of fact:                                        1,544        

      (i)  The child is in danger from the respondent;             1,546        

      (ii)  No other person or agency is available to provide the  1,548        

supervision or other services.                                     1,549        

      (b)  A court that requires an agency to provide supervision  1,551        

or other services pursuant to division (E)(6)(a) of this section   1,553        

shall order the respondent to reimburse the agency for the cost    1,554        

of providing the supervision or other services, if it determines                

that the respondent has sufficient income or resources to pay      1,555        

that cost.                                                                      

      (7)  IF AN ORDER OR AGREEMENT ISSUED OR APPROVED UNDER THIS  1,558        

SECTION INCLUDES A REQUIREMENT THAT THE RESPONDENT BE EVICTED      1,559        

FROM OR VACATE THE RESIDENCE OR HOUSEHOLD OR REFRAIN FROM          1,560        

ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT   1,561        

OF THE PETITIONER OR FAMILY OR HOUSEHOLD MEMBER, THE ORDER OR      1,562        

AGREEMENT SHALL STATE CLEARLY THAT THE ORDER OR AGREEMENT CANNOT   1,563        

BE WAIVED OR NULLIFIED BY AN INVITATION TO THE RESPONDENT FROM     1,564        

THE PETITIONER OR OTHER FAMILY OR HOUSEHOLD MEMBER TO ENTER THE    1,565        

RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OR BY THE      1,566        

RESPONDENT'S ENTRY INTO ONE OF THOSE PLACES OTHERWISE UPON THE     1,567        

CONSENT OF THE PETITIONER OR OTHER FAMILY OR HOUSEHOLD MEMBER.     1,568        

      (F)(1)  A copy of any protection order, or consent           1,570        

agreement, that is issued or approved under this section shall be  1,571        

issued by the court to the petitioner, to the respondent, and to   1,572        

                                                          38     

                                                                 
all law enforcement agencies that have jurisdiction to enforce     1,573        

the order or agreement.  The court shall direct that a copy of an  1,574        

order be delivered to the respondent on the same day that the      1,575        

order is entered.                                                  1,576        

      (2)  All law enforcement agencies shall establish and        1,578        

maintain an index for the protection orders and the approved       1,579        

consent agreements delivered to the agencies pursuant to division  1,580        

(F)(1) of this section.  With respect to each order and consent    1,581        

agreement delivered, each agency shall note on the index, the      1,582        

date and time that it received the order or consent agreement.     1,583        

      (3)  Regardless of whether the petitioner has registered     1,585        

the order or agreement in the county in which the officer's        1,586        

agency has jurisdiction pursuant to division (N) of this section,  1,587        

any officer of a law enforcement agency shall enforce a            1,589        

protection order issued or consent agreement approved by any                    

court in this state in accordance with the provisions of the       1,591        

order or agreement, including removing the respondent from the     1,592        

premises, if appropriate.                                                       

      (G)  Any proceeding under this section shall be conducted    1,594        

in accordance with the Rules of Civil Procedure, except that an    1,595        

order under this section may be obtained with or without bond.     1,596        

AN ORDER ISSUED UNDER THIS SECTION, OTHER THAN AN EX PARTE ORDER,  1,597        

THAT GRANTS A PROTECTION ORDER OR THAT REFUSES TO GRANT A          1,598        

PROTECTION ORDER IS A FINAL, APPEALABLE ORDER.  The remedies and   1,600        

procedures provided in this section are in addition to, and not    1,601        

in lieu of, any other available civil or criminal remedies.        1,602        

      (H)  The filing of proceedings under this section does not   1,604        

excuse a person from filing any report or giving any notice        1,605        

required by section 2151.421 of the Revised Code or by any other   1,606        

law.  When a petition under this section alleges domestic          1,607        

violence against minor children, the court shall report the fact,  1,608        

or cause reports to be made, to a county, township, or municipal   1,609        

peace officer under section 2151.421 of the Revised Code.          1,610        

      (I)  Any law enforcement agency that investigates a          1,612        

                                                          39     

                                                                 
domestic dispute shall provide information to the family or        1,613        

household members involved regarding the relief available under    1,614        

this section and section 2919.26 of the Revised Code.              1,615        

      (J)  Notwithstanding any provision of law to the contrary,   1,617        

no court shall charge a fee for the filing of a petition pursuant  1,618        

to this section.                                                   1,619        

      (K)(1)  Each order for support made or modified under this   1,621        

section on or after December 31, 1993, shall include as part of    1,622        

the order a general provision, as described in division (A)(1) of  1,623        

section 3113.21 of the Revised Code, requiring the withholding or  1,624        

deduction of wages or assets of the obligor under the order as     1,625        

described in division (D) of section 3113.21 of the Revised Code   1,626        

or another type of appropriate requirement as described in         1,627        

division (D)(6), (D)(7), or (H) of that section, to ensure that    1,628        

withholding or deduction from the wages or assets of the obligor   1,629        

is available from the commencement of the support order for        1,630        

collection of the support and of any arrearages that occur; a      1,631        

statement requiring all parties to the order to notify the child   1,632        

support enforcement agency in writing of their current mailing     1,633        

address, their current residence address, and any changes in       1,634        

either address; and a notice that the requirement to notify the    1,635        

agency of all changes in either address continues until further    1,636        

notice from the court.  The court shall comply with sections       1,637        

3113.21 to 3113.219 of the Revised Code when it makes or modifies  1,638        

an order for child support under this section on or after April    1,639        

12, 1990.                                                          1,640        

      If any person required to pay child support under an order   1,642        

made under this section on or after April 15, 1985, or modified    1,643        

under this section on or after December 31, 1986, is found in      1,644        

contempt of court for failure to make support payments under the   1,645        

order, the court that makes the finding, in addition to any other  1,646        

penalty or remedy imposed, shall assess all court costs arising    1,647        

out of the contempt proceeding against the person and require the  1,648        

person to pay any reasonable attorney's fees of any adverse        1,649        

                                                          40     

                                                                 
party, as determined by the court, that arose in relation to the   1,650        

act of contempt.                                                   1,651        

      (2)  Notwithstanding section 3109.01 of the Revised Code,    1,653        

if a court issues a child support order under this section, the    1,654        

order shall remain in effect beyond the child's eighteenth         1,655        

birthday as long as the child continuously attends on a full-time  1,656        

basis any recognized and accredited high school.  Any parent       1,657        

ordered to pay support under a child support order issued under    1,658        

this section shall continue to pay support under the order,        1,659        

including during seasonal vacation periods, until the order        1,660        

terminates.                                                        1,661        

      (L)(1)  A person who violates a protection order issued or   1,663        

a consent agreement approved under this section is subject to the  1,664        

following sanctions:                                               1,665        

      (a)  Criminal prosecution for a violation of section         1,667        

2919.27 of the Revised Code, if the violation of the protection    1,668        

order or consent agreement constitutes a violation of that         1,669        

section;                                                           1,670        

      (b)  Punishment for contempt of court.                       1,672        

      (2)  The punishment of a person for contempt of court for    1,674        

violation of a protection order issued or a consent agreement      1,675        

approved under this section does not bar criminal prosecution of   1,676        

the person for a violation of section 2919.27 of the Revised       1,677        

Code.  However, a person punished for contempt of court is         1,678        

entitled to credit for the punishment imposed upon conviction of   1,679        

a violation of that section, and a person convicted of a           1,680        

violation of that section shall not subsequently be punished for   1,681        

contempt of court arising out of the same activity.                1,682        

      (M)  In all stages of a proceeding under this section, a     1,684        

petitioner may be accompanied by a victim advocate.                1,685        

      (N)(1)  A petitioner who obtains a protection order or       1,687        

consent agreement under this section or a temporary protection     1,688        

order under section 2919.26 of the Revised Code may provide        1,689        

notice of the issuance or approval of the order or agreement to    1,690        

                                                          41     

                                                                 
the judicial and law enforcement officials in any county other                  

than the county in which the order is issued or the agreement is   1,691        

approved by registering that order or agreement in the other       1,692        

county pursuant to division (N)(2) of this section and filing a    1,693        

copy of the registered order or registered agreement with a law    1,694        

enforcement agency in the other county in accordance with that     1,695        

division.                                                                       

      (2)  A petitioner may register a temporary protection        1,697        

order, protection order, or consent agreement in a county other    1,698        

than the county in which the court that issued the order or        1,699        

approved the agreement is located in the following manner:         1,700        

      (a)  The petitioner shall obtain a certified copy of the     1,702        

order or agreement from the clerk of the court that issued the     1,703        

order or approved the agreement and present that certified copy    1,704        

to the clerk of the court of common pleas or the clerk of a        1,705        

municipal court in the county in which the order or agreement is   1,706        

to be registered.                                                               

      (b)  Upon accepting the certified copy of the order or       1,708        

agreement for registration, the clerk of the court of common       1,709        

pleas or municipal court shall place an endorsement of             1,710        

registration on the order or agreement and give the petitioner a   1,711        

copy of the order or agreement that bears that proof of                         

registration.                                                      1,712        

      (3)  The clerk of each court of common pleas and the clerk   1,714        

of each municipal court shall maintain a registry of certified     1,715        

copies of temporary protection orders, protection orders, or       1,716        

consent agreements that have been issued or approved by courts in  1,717        

other counties and that have been registered with the clerk.       1,718        

      (4)  If a petitioner who obtains a protection order or       1,720        

consent agreement under this section or a temporary protection     1,721        

order under section 2919.26 of the Revised Code wishes to          1,722        

register the order or agreement in any county other than the       1,723        

county in which the order was issued or the agreement was                       

approved, pursuant to divisions (N)(1) to (3) of this section,     1,724        

                                                          42     

                                                                 
and if the petitioner is indigent, both of the following apply:    1,725        

      (a)  If the petitioner submits to the clerk of the court     1,727        

that issued the order or approved the agreement satisfactory       1,728        

proof that the petitioner is indigent, the clerk may waive any     1,729        

fee that otherwise would be required for providing the petitioner  1,730        

with a certified copy of the order or agreement to be used for                  

purposes of divisions (N)(1) to (3) of this section;               1,731        

      (b)  If the petitioner submits to the clerk of the court of  1,733        

common pleas or the clerk of a municipal court in the county in    1,734        

which the order or agreement is to be registered satisfactory      1,735        

proof that the petitioner is indigent, the clerk may waive any     1,736        

fee that otherwise would be required for accepting for                          

registration a certified copy of the order or agreement, for       1,737        

placing an endorsement of registration on the order or agreement,  1,738        

or for giving the petitioner a copy of the order or agreement      1,739        

that bears the proof of registration.                              1,740        

      (O)  THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1,      1,742        

1997.                                                              1,743        

      Sec. 3113.33.  As used in sections 3113.33 to 3113.39 of     1,752        

the Revised Code:                                                  1,753        

      (A)  "Domestic violence" means attempting to cause or        1,755        

causing bodily injury to a family or household member, or placing  1,756        

a family or household member by threat of force in fear of         1,757        

imminent physical harm.                                            1,758        

      (B)  "Family or household member" means any of the           1,760        

following:                                                         1,761        

      (1)  Any of the following who is residing or has resided     1,763        

with the person committing the domestic violence:                  1,764        

      (a)  A spouse, a person living as a spouse, or a former      1,766        

spouse of the person committing the domestic violence;             1,767        

      (b)  A parent or child of the person committing the          1,769        

domestic violence, or another person related by consanguinity or   1,770        

affinity to the person committing the domestic violence;           1,771        

      (c)  A parent or a child of a spouse, person living as a     1,773        

                                                          43     

                                                                 
spouse, or former spouse of the person committing the domestic     1,774        

violence, or another person related by consanguinity or affinity   1,775        

to a spouse, person living as a spouse, or former spouse of the    1,776        

person committing the domestic violence;                           1,777        

      (d)  The dependents of any person listed in division         1,779        

(B)(1)(a), (b), or (c) of this section.                            1,780        

      (2)  The ALLEGED natural parent of any child of whom the     1,782        

person committing the domestic violence is the other natural       1,784        

parent.                                                                         

      (C)  "Shelter for victims of domestic violence" or           1,786        

"shelter" means a facility that provides temporary residential     1,787        

service or facilities to family or household members who are       1,788        

victims of domestic violence.                                      1,789        

      (D)  "Person living as a spouse" means a person who is       1,791        

living or has lived with the person committing the domestic        1,792        

violence in a common law marital relationship, who otherwise is    1,793        

cohabiting with the person committing the domestic violence, or    1,795        

who otherwise has cohabited with the person committing the         1,796        

domestic violence within one year FIVE YEARS prior to the date of  1,798        

the alleged occurrence of the act in question.                     1,799        

      Section 2.  That existing sections 737.11, 1901.18,          1,801        

1901.19, 1907.18, 2919.25, 2919.26, 2919.27, 2919.271, 2935.032,   1,802        

2937.23, 3113.31, and 3113.33 of the Revised Code are hereby       1,804        

repealed.                                                                       

      Section 3.  That section 1901.19 of the Revised Code, as     1,806        

amended by Am. Sub. H.B. 438 of the 121st General Assembly, and    1,807        

section 3113.31 of the Revised Code, as amended by Sub. H.B. 274   1,808        

and Am. Sub. H.B. 438 of the 121st General Assembly, be amended    1,809        

to read as follows:                                                             

      Sec. 1901.19.  (A)  Subject to the monetary jurisdiction of  1,818        

municipal courts as set forth in section 1901.17 of the Revised    1,819        

Code and the subject matter jurisdiction of municipal courts as    1,820        

set forth in section 1901.18 of the Revised Code, a municipal      1,821        

court and a housing or environmental division of a municipal       1,822        

                                                          44     

                                                                 
court have jurisdiction within its territory to perform all of     1,823        

the following functions:                                                        

      (1)  To compel attendance of witnesses in any pending        1,825        

action or proceeding in the same manner as the court of common     1,826        

pleas;                                                             1,827        

      (2)  To issue executions on its own judgments;               1,829        

      (3)  In any legal or equitable action or proceeding, to      1,831        

enforce the collection of its own judgments;                       1,832        

      (4)  To issue and enforce any order of attachment;           1,834        

      (5)  In any action or proceeding in the nature of            1,836        

creditors' bills, and in aid of execution, to subject the          1,837        

interest of a judgment debtor in personal property to the payment  1,838        

of a judgment of the court;                                        1,839        

      (6)  To issue and enforce temporary protection orders        1,841        

pursuant to section 2919.26 of the Revised Code and anti-stalking  1,842        

protection orders pursuant to section 2903.213 of the Revised      1,843        

Code AND TO ENFORCE PROTECTION ORDERS ISSUED BY COURTS OF ANOTHER  1,844        

STATE, AS DEFINED IN SECTION 2919.27 OF THE REVISED CODE.          1,845        

      (B)  Subject to the limitation set forth in this division,   1,847        

a municipal court or a housing or environmental division of a      1,848        

municipal court has jurisdiction outside its territory in a        1,849        

proceeding in aid of execution to subject to the payment of the    1,850        

judgment the interest in personal property of a judgment debtor    1,851        

under a judgment rendered by the court or division.  The           1,852        

jurisdiction provided in this division includes the county or      1,853        

counties in which the territory of the court or division in        1,854        

question is situated and any county that is contiguous to that in  1,855        

which the court or division is located.  A court or division that  1,856        

has jurisdiction under this division outside its territory in a    1,857        

proceeding in aid of execution has the same powers, duties, and    1,858        

functions relative to the proceeding that it has relative to       1,859        

proceedings in aid of execution over which it has jurisdiction     1,860        

other than under this division.                                    1,861        

      (C)(1)  In any action for garnishment of personal earnings   1,863        

                                                          45     

                                                                 
brought in a municipal court, the court has jurisdiction to serve  1,864        

process pursuant to section 2716.05 of the Revised Code upon a     1,865        

garnishee who resides in a county contiguous to that in which the  1,866        

court is located.                                                  1,867        

      (2)  In any action for garnishment of property, other than   1,869        

personal earnings, brought in a municipal court under section      1,870        

2716.11 of the Revised Code, the court has jurisdiction to serve   1,871        

process pursuant to section 2716.13 of the Revised Code upon a     1,872        

garnishee who resides in a county contiguous to that in which the  1,873        

court is located.                                                  1,874        

      (3)  Whenever a motion for attachment is filed in a          1,876        

municipal court under section 2715.03 of the Revised Code, the     1,877        

court has jurisdiction to serve process pursuant to section        1,878        

2715.091 of the Revised Code upon a garnishee who resides in a     1,879        

county contiguous to that in which the court is located.           1,880        

      (D)  The municipal court of Cleveland also has jurisdiction  1,882        

in all actions and proceedings in the nature of creditors' bills,  1,883        

and in aid of execution to subject the interests of a judgment     1,884        

debtor in real or personal property to the payment of a judgment   1,885        

of the court.  In such actions and proceedings, the court may      1,886        

proceed to marshal and foreclose all liens on the property         1,887        

irrespective of the amount of the lien, and all vested or          1,888        

contingent rights in the property.                                 1,889        

      Sec. 3113.31.  (A)  As used in this section:                 1,900        

      (1)  "Domestic violence" means the occurrence of one or      1,902        

more of the following acts against a family or household member:   1,903        

      (a)  Attempting to cause or recklessly causing bodily        1,905        

injury;                                                            1,906        

      (b)  Placing another person by the threat of force in fear   1,908        

of imminent serious physical harm or committing a violation of     1,909        

section 2903.211 or 2911.211 of the Revised Code;                  1,910        

      (c)  Committing any act with respect to a child that would   1,912        

result in the child being an abused child, as defined in section   1,913        

2151.031 of the Revised Code.                                      1,914        

                                                          46     

                                                                 
      (2)  "Court" means the domestic relations division of the    1,916        

court of common pleas in counties that have a domestic relations   1,917        

division, and the court of common pleas in counties that do not    1,918        

have a domestic relations division.                                1,919        

      (3)  "Family or household member" means any of the           1,921        

following:                                                         1,922        

      (a)  Any of the following who is residing with or has        1,924        

resided with the respondent:                                       1,925        

      (i)  A spouse, a person living as a spouse, or a former      1,927        

spouse of the respondent;                                          1,928        

      (ii)  A parent or a child of the respondent, or another      1,930        

person related by consanguinity or affinity to the respondent;     1,931        

      (iii)  A parent or a child of a spouse, person living as a   1,933        

spouse, or former spouse of the respondent, or another person      1,934        

related by consanguinity or affinity to a spouse, person living    1,935        

as a spouse, or former spouse of the respondent.                   1,936        

      (b)  The ALLEGED natural parent of any child of whom the     1,938        

respondent is the other natural parent.                            1,940        

      (4)  "Person living as a spouse" means a person who is       1,942        

living or has lived with the respondent in a common law marital    1,943        

relationship, who otherwise is cohabiting with the respondent, or  1,945        

who otherwise has cohabited with the respondent within one year                 

FIVE YEARS prior to the date of the alleged occurrence of the act  1,947        

in question.                                                       1,948        

      (5)  "Victim advocate" means a person who provides support   1,950        

and assistance for a person who files a petition under this        1,951        

section.                                                                        

      (B)  The court has jurisdiction over all proceedings under   1,953        

this section.  The petitioner's right to relief under this         1,954        

section is not affected by the petitioner's leaving the residence  1,955        

or household to avoid further domestic violence.                   1,956        

      (C)  A person may seek relief under this section the person  1,958        

on the person's own behalf, or any parent or adult household       1,959        

member may seek relief under this section on behalf of any other   1,960        

                                                          47     

                                                                 
family or household member, by filing a petition with the court.   1,961        

The petition shall contain or state:                               1,962        

      (1)  An allegation that the respondent engaged in domestic   1,964        

violence against a family or household member of the respondent,   1,965        

including a description of the nature and extent of the domestic   1,966        

violence;                                                          1,967        

      (2)  The relationship of the respondent to the petitioner,   1,969        

and to the victim if other than the petitioner;                    1,970        

      (3)  A request for relief under this section.                1,972        

      (D)  If a person who files a petition pursuant to this       1,974        

section requests an ex parte order, the court shall hold an ex     1,975        

parte hearing on the same day that the petition is filed.  The     1,976        

court may, for good cause shown at the ex parte hearing, enter     1,977        

any temporary orders, with or without bond, including, but not     1,978        

limited to, an order described in division (E)(1)(a), (b), or (c)  1,979        

of this section, that the court finds necessary to protect the     1,980        

family or household member from domestic violence.  Immediate and  1,981        

present danger of domestic violence to the family or household     1,982        

member constitutes good cause for purposes of this section.        1,983        

Immediate and present danger includes, but is not limited to,      1,984        

situations in which the respondent has threatened the family or    1,985        

household member with bodily harm or in which the respondent has   1,986        

previously engaged in domestic violence against the family or      1,987        

household member.                                                  1,988        

      If the court, after an ex parte hearing, issues an order     1,990        

described in division (E)(1)(b) or (c) of this section, the court  1,991        

shall schedule a full hearing that shall be held, within seven     1,992        

court days after the ex parte hearing, SHALL SCHEDULE A FULL       1,993        

HEARING.  If any other type of protection order that is            1,995        

authorized under division (E) of this section is issued by the     1,996        

court after an ex parte hearing, the full hearing shall be held    1,997        

COURT, within ten days after the ex parte hearing, SHALL SCHEDULE  1,999        

A FULL HEARING.  The respondent shall be given notice of, and an   2,000        

opportunity to be heard at, the full hearing.  AN EX PARTE ORDER   2,002        

                                                          48     

                                                                 
ISSUED UNDER THIS SECTION DOES NOT EXPIRE BECAUSE OF A FAILURE TO  2,003        

SERVE NOTICE UPON THE RESPONDENT BEFORE THE DATE SET FOR THE       2,004        

HEARING OR BECAUSE THE COURT GRANTS A CONTINUANCE SO THAT NOTICE   2,005        

MAY BE SERVED UPON THE RESPONDENT.                                              

      If a person who files a petition pursuant to this section    2,007        

does not request an ex parte order, or if a person requests an ex  2,008        

parte order but the court does not issue an ex parte order after   2,009        

an ex parte hearing, the court shall proceed as in a normal civil  2,010        

action and grant a full hearing on the matter.                     2,011        

      (E)(1)  After an ex parte or full hearing, the court may     2,013        

grant any protection order, with or without bond, or approve any   2,014        

consent agreement to bring about a cessation of domestic violence  2,015        

against the family or household members.  The order or agreement   2,016        

may:                                                               2,017        

      (a)  Direct the respondent to refrain from abusing the       2,019        

family or household members;                                       2,020        

      (b)  Grant possession of the residence or household to the   2,022        

petitioner or other family or household member, to the exclusion   2,023        

of the respondent, by evicting the respondent, when the residence  2,024        

or household is owned or leased solely by the petitioner or other  2,025        

family or household member, or by ordering the respondent to       2,026        

vacate the premises, when the residence or household is jointly    2,027        

owned or leased by the respondent, and the petitioner or other     2,028        

family or household member;                                        2,029        

      (c)  When the respondent has a duty to support the           2,031        

petitioner or other family or household member living in the       2,032        

residence or household and the respondent is the sole owner or     2,033        

lessee of the residence or household, grant possession of the      2,034        

residence or household to the petitioner or other family or        2,035        

household member, to the exclusion of the respondent, by ordering  2,036        

the respondent to vacate the premises, or, in the case of a        2,037        

consent agreement, allow the respondent to provide suitable,       2,038        

alternative housing;                                               2,039        

      (d)  Temporarily allocate parental rights and                2,041        

                                                          49     

                                                                 
responsibilities for the care of, or establish temporary           2,043        

visitation rights with regard to, minor children, if no other      2,044        

court has determined, or is determining, the allocation of         2,045        

parental rights and responsibilities for the minor children or     2,046        

visitation rights;                                                 2,047        

      (e)  Require the respondent to maintain support, if the      2,049        

respondent customarily provides for or contributes to the support  2,050        

of the family or household member, or if the respondent has a      2,051        

duty to support the petitioner or family or household member;      2,052        

      (f)  Require the respondent, petitioner, victim of domestic  2,054        

violence, or any combination of those persons, to seek             2,055        

counseling;                                                        2,056        

      (g)  Require the respondent to refrain from entering the     2,058        

residence, school, business, or place of employment of the         2,059        

petitioner or family or household member;                          2,060        

      (h)  Grant other relief that the court considers equitable   2,062        

and fair, including, but not limited to, ordering the respondent   2,063        

to permit the use of a motor vehicle by the petitioner or other    2,064        

family or household member and the apportionment of household and  2,065        

family personal property.                                          2,066        

      (2)  If a protection order has been issued pursuant to this  2,068        

section in a prior action involving the respondent and the         2,069        

petitioner or one or more of the family or household members, the  2,070        

court may include in a protection order that it issues a           2,071        

prohibition against the respondent returning to the residence or   2,072        

household and a prohibition against the petitioner inviting or     2,073        

admitting the respondent to the residence or household while the   2,074        

order is in effect.                                                2,075        

      (3)(a)  Any protection order or approved consent agreement   2,077        

shall be valid until a date certain, but not later than two FIVE   2,078        

years from the date of its issuance or approval.                   2,080        

      (b)  Subject to the limitation on the duration of an order   2,082        

or agreement set forth in division (E)(3)(a) of this section, any  2,083        

order under division (E)(1)(d) of this section shall terminate on  2,084        

                                                          50     

                                                                 
the date that a court in an action for divorce, dissolution of     2,086        

marriage, or legal separation brought by the petitioner or                      

respondent issues an order allocating parental rights and          2,087        

responsibilities for the care of children or on the date that a    2,088        

juvenile court in an action brought by the petitioner or           2,089        

respondent issues an order awarding legal custody of minor         2,090        

children.  Subject to the limitation on the duration of an order                

or agreement set forth in division (E)(3)(a) of this section, any  2,091        

order under division (E)(1)(e) of this section shall terminate on  2,092        

the date that a court in an action for divorce, dissolution of     2,093        

marriage, or legal separation brought by the petitioner or         2,094        

respondent issues a support order or on the date that a juvenile   2,095        

court in an action brought by the petitioner or respondent issues               

a support order.                                                   2,096        

      (c)  Any protection order issued or consent agreement        2,099        

approved pursuant to this section may be renewed in the same       2,100        

manner as the original order or agreement was issued or approved.  2,101        

      (4)  A court may not issue a protection order that requires  2,103        

a petitioner to do or to refrain from doing an act that the court  2,104        

may require a respondent to do or to refrain from doing under      2,105        

division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this        2,106        

section unless all of the following apply:                                      

      (a)  The respondent files a separate petition for a          2,108        

protection order in accordance with this section.                  2,109        

      (b)  The petitioner is served notice of the respondent's     2,111        

petition at least forty-eight hours before the court holds a       2,112        

hearing with respect to the respondent's petition, or the          2,113        

petitioner waives the right to receive this notice.                2,114        

      (c)  If the petitioner has requested an ex parte order       2,116        

pursuant to division (D) of this section, the court does not       2,117        

delay any hearing required by that division beyond the time        2,118        

specified in that division in order to consolidate the hearing     2,119        

with a hearing on the petition filed by the respondent.                         

      (d)  After a full hearing at which the respondent presents   2,121        

                                                          51     

                                                                 
evidence in support of the request for a protection order and the  2,122        

petitioner is afforded an opportunity to defend against that       2,123        

evidence, the court determines that the petitioner has committed   2,124        

an act of domestic violence or has violated a temporary            2,125        

protection order issued pursuant to section 2919.26 of the                      

Revised Code, that both the petitioner and the respondent acted    2,126        

primarily as aggressors, and that neither the petitioner nor the   2,127        

respondent acted primarily in self-defense.                        2,128        

      (5)  No order or agreement under this section shall in any   2,130        

manner affect title to any real property.                          2,131        

      (6)(a)  If a petitioner, or the child of a petitioner, who   2,133        

obtains a protection order or consent agreement pursuant to        2,134        

division (E)(1) of this section or a temporary protection order    2,135        

pursuant to section 2919.26 of the Revised Code and is the         2,136        

subject of a visitation or companionship order issued pursuant to  2,137        

section 3109.051, 3109.11, or 3109.12 of the Revised Code or       2,138        

division (E)(1)(d) of this section granting visitation or          2,139        

companionship rights to the respondent, the court may require the  2,140        

public children services agency of the county in which the court   2,141        

is located to provide supervision of the respondent's exercise of               

visitation or companionship rights with respect to the child for   2,142        

a period not to exceed nine months, if the court makes the         2,143        

following findings of fact:                                        2,144        

      (i)  The child is in danger from the respondent;             2,146        

      (ii)  No other person or agency is available to provide the  2,148        

supervision or other services.                                     2,149        

      (b)  A court that requires an agency to provide supervision  2,151        

or other services pursuant to division (E)(6)(a) of this section   2,153        

shall order the respondent to reimburse the agency for the cost    2,154        

of providing the supervision or other services, if it determines                

that the respondent has sufficient income or resources to pay      2,155        

that cost.                                                                      

      (7)  IF AN ORDER OR AGREEMENT ISSUED OR APPROVED UNDER THIS  2,158        

SECTION INCLUDES A REQUIREMENT THAT THE RESPONDENT BE EVICTED      2,159        

                                                          52     

                                                                 
FROM OR VACATE THE RESIDENCE OR HOUSEHOLD OR REFRAIN FROM          2,160        

ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT   2,161        

OF THE PETITIONER OR FAMILY OR HOUSEHOLD MEMBER, THE ORDER OR      2,162        

AGREEMENT SHALL STATE CLEARLY THAT THE ORDER OR AGREEMENT CANNOT   2,163        

BE WAIVED OR NULLIFIED BY AN INVITATION TO THE RESPONDENT FROM     2,164        

THE PETITIONER OR OTHER FAMILY OR HOUSEHOLD MEMBER TO ENTER THE    2,165        

RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OR BY THE      2,166        

RESPONDENT'S ENTRY INTO ONE OF THOSE PLACES OTHERWISE UPON THE     2,167        

CONSENT OF THE PETITIONER OR OTHER FAMILY OR HOUSEHOLD MEMBER.     2,168        

      (F)(1)  A copy of any protection order, or consent           2,170        

agreement, that is issued or approved under this section shall be  2,171        

issued by the court to the petitioner, to the respondent, and to   2,172        

all law enforcement agencies that have jurisdiction to enforce     2,173        

the order or agreement.  The court shall direct that a copy of an  2,174        

order be delivered to the respondent on the same day that the      2,175        

order is entered.                                                  2,176        

      (2)  All law enforcement agencies shall establish and        2,178        

maintain an index for the protection orders and the approved       2,179        

consent agreements delivered to the agencies pursuant to division  2,180        

(F)(1) of this section.  With respect to each order and consent    2,181        

agreement delivered, each agency shall note on the index, the      2,182        

date and time that it received the order or consent agreement.     2,183        

      (3)  Regardless of whether the petitioner has registered     2,185        

the order or agreement in the county in which the officer's        2,186        

agency has jurisdiction pursuant to division (N) of this section,  2,187        

any officer of a law enforcement agency shall enforce a            2,189        

protection order issued or consent agreement approved by any                    

court in this state in accordance with the provisions of the       2,191        

order or agreement, including removing the respondent from the     2,192        

premises, if appropriate.                                                       

      (G)  Any proceeding under this section shall be conducted    2,194        

in accordance with the Rules of Civil Procedure, except that an    2,195        

order under this section may be obtained with or without bond.     2,196        

AN ORDER ISSUED UNDER THIS SECTION, OTHER THAN AN EX PARTE ORDER,  2,197        

                                                          53     

                                                                 
THAT GRANTS A PROTECTION ORDER OR THAT REFUSES TO GRANT A          2,198        

PROTECTION ORDER IS A FINAL, APPEALABLE ORDER.  The remedies and   2,199        

procedures provided in this section are in addition to, and not    2,201        

in lieu of, any other available civil or criminal remedies.        2,202        

      (H)  The filing of proceedings under this section does not   2,204        

excuse a person from filing any report or giving any notice        2,205        

required by section 2151.421 of the Revised Code or by any other   2,206        

law.  When a petition under this section alleges domestic          2,207        

violence against minor children, the court shall report the fact,  2,208        

or cause reports to be made, to a county, township, or municipal   2,209        

peace officer under section 2151.421 of the Revised Code.          2,210        

      (I)  Any law enforcement agency that investigates a          2,212        

domestic dispute shall provide information to the family or        2,213        

household members involved regarding the relief available under    2,214        

this section and section 2919.26 of the Revised Code.              2,215        

      (J)  Notwithstanding any provision of law to the contrary,   2,217        

no court shall charge a fee for the filing of a petition pursuant  2,218        

to this section.                                                   2,219        

      (K)(1)  Each order for support made or modified under this   2,221        

section on or after December 31, 1993, shall include as part of    2,222        

the order a general provision, as described in division (A)(1) of  2,223        

section 3113.21 of the Revised Code, requiring the withholding or  2,224        

deduction of wages or assets of the obligor under the order as     2,225        

described in division (D) of section 3113.21 of the Revised Code   2,226        

or another type of appropriate requirement as described in         2,227        

division (D)(6), (D)(7), or (H) of that section, to ensure that    2,228        

withholding or deduction from the wages or assets of the obligor   2,229        

is available from the commencement of the support order for        2,230        

collection of the support and of any arrearages that occur; a      2,231        

statement requiring all parties to the order to notify the child   2,232        

support enforcement agency in writing of their current mailing     2,233        

address, their current residence address, and any changes in       2,234        

either address; and a notice that the requirement to notify the    2,235        

agency of all changes in either address continues until further    2,236        

                                                          54     

                                                                 
notice from the court.  The court shall comply with sections       2,237        

3113.21 to 3113.219 of the Revised Code when it makes or modifies  2,238        

an order for child support under this section on or after April    2,239        

12, 1990.                                                          2,240        

      If any person required to pay child support under an order   2,242        

made under this section on or after April 15, 1985, or modified    2,243        

under this section on or after December 31, 1986, is found in      2,244        

contempt of court for failure to make support payments under the   2,245        

order, the court that makes the finding, in addition to any other  2,246        

penalty or remedy imposed, shall assess all court costs arising    2,247        

out of the contempt proceeding against the person and require the  2,248        

person to pay any reasonable attorney's fees of any adverse        2,249        

party, as determined by the court, that arose in relation to the   2,250        

act of contempt.                                                   2,251        

      (2)  Notwithstanding section 3109.01 of the Revised Code,    2,253        

if a court issues a child support order under this section, the    2,254        

order shall remain in effect beyond the child's eighteenth         2,255        

birthday as long as the child continuously attends on a full-time  2,256        

basis any recognized and accredited high school.  Any parent       2,257        

ordered to pay support under a child support order issued under    2,258        

this section shall continue to pay support under the order,        2,259        

including during seasonal vacation periods, until the order        2,260        

terminates.                                                        2,261        

      (L)(1)  A person who violates a protection order issued or   2,263        

a consent agreement approved under this section is subject to the  2,264        

following sanctions:                                               2,265        

      (a)  Criminal prosecution for a violation of section         2,267        

2919.27 of the Revised Code, if the violation of the protection    2,268        

order or consent agreement constitutes a violation of that         2,269        

section;                                                           2,270        

      (b)  Punishment for contempt of court.                       2,272        

      (2)  The punishment of a person for contempt of court for    2,274        

violation of a protection order issued or a consent agreement      2,275        

approved under this section does not bar criminal prosecution of   2,276        

                                                          55     

                                                                 
the person for a violation of section 2919.27 of the Revised       2,277        

Code.  However, a person punished for contempt of court is         2,278        

entitled to credit for the punishment imposed upon conviction of   2,279        

a violation of that section, and a person convicted of a           2,280        

violation of that section shall not subsequently be punished for   2,281        

contempt of court arising out of the same activity.                2,282        

      (M)  In all stages of a proceeding under this section, a     2,284        

petitioner may be accompanied by a victim advocate.                2,285        

      (N)(1)  A petitioner who obtains a protection order or       2,287        

consent agreement under this section or a temporary protection     2,288        

order under section 2919.26 of the Revised Code may provide        2,289        

notice of the issuance or approval of the order or agreement to    2,290        

the judicial and law enforcement officials in any county other                  

than the county in which the order is issued or the agreement is   2,291        

approved by registering that order or agreement in the other       2,292        

county pursuant to division (N)(2) of this section and filing a    2,293        

copy of the registered order or registered agreement with a law    2,294        

enforcement agency in the other county in accordance with that     2,295        

division.                                                                       

      (2)  A petitioner may register a temporary protection        2,297        

order, protection order, or consent agreement in a county other    2,298        

than the county in which the court that issued the order or        2,299        

approved the agreement is located in the following manner:         2,300        

      (a)  The petitioner shall obtain a certified copy of the     2,302        

order or agreement from the clerk of the court that issued the     2,303        

order or approved the agreement and present that certified copy    2,304        

to the clerk of the court of common pleas or the clerk of a        2,305        

municipal court or county court in the county in which the order   2,306        

or agreement is to be registered.                                  2,307        

      (b)  Upon accepting the certified copy of the order or       2,309        

agreement for registration, the clerk of the court of common       2,310        

pleas, municipal court, or county court shall place an             2,311        

endorsement of registration on the order or agreement and give     2,312        

the petitioner a copy of the order or agreement that bears that    2,313        

                                                          56     

                                                                 
proof of registration.                                             2,314        

      (3)  The clerk of each court of common pleas, the clerk of   2,316        

each municipal court, and the clerk of each county court shall     2,317        

maintain a registry of certified copies of temporary protection    2,318        

orders, protection orders, or consent agreements that have been    2,319        

issued or approved by courts in other counties and that have been  2,320        

registered with the clerk.                                         2,321        

      (4)  If a petitioner who obtains a protection order or       2,323        

consent agreement under this section or a temporary protection     2,324        

order under section 2919.26 of the Revised Code wishes to          2,325        

register the order or agreement in any county other than the       2,326        

county in which the order was issued or the agreement was                       

approved, pursuant to divisions (N)(1) to (3) of this section,     2,327        

and if the petitioner is indigent, both of the following apply:    2,328        

      (a)  If the petitioner submits to the clerk of the court     2,330        

that issued the order or approved the agreement satisfactory       2,331        

proof that the petitioner is indigent, the clerk may waive any     2,332        

fee that otherwise would be required for providing the petitioner  2,333        

with a certified copy of the order or agreement to be used for                  

purposes of divisions (N)(1) to (3) of this section;               2,334        

      (b)  If the petitioner submits to the clerk of the court of  2,336        

common pleas or the clerk of a municipal court or county court in  2,337        

the county in which the order or agreement is to be registered     2,339        

satisfactory proof that the petitioner is indigent, the clerk may  2,340        

waive any fee that otherwise would be required for accepting for                

registration a certified copy of the order or agreement, for       2,341        

placing an endorsement of registration on the order or agreement,  2,342        

or for giving the petitioner a copy of the order or agreement      2,343        

that bears the proof of registration.                              2,344        

      Section 4.  That all existing versions of sections 1901.19   2,346        

and 3113.31 of the Revised Code are hereby repealed.               2,347        

      Section 5.  Sections 3 and 4 of this act shall take          2,348        

effective July 1, 1997.                                                         

      Section 6.  Section 3113.31 of the Revised Code is           2,350        

                                                          57     

                                                                 
presented in Section 3 of this act as a composite of the section   2,352        

as amended by both Sub. H.B. 274 and Am. Sub. H.B. 438 of the      2,353        

121st General Assembly, with the new language of neither of the    2,355        

acts shown in capital letters.  This is in recognition of the      2,356        

principle stated in division (B) of section 1.52 of the Revised    2,357        

Code that such amendments are to be harmonized where not           2,358        

substantively irreconcilable and constitutes a legislative         2,359        

finding that such is the resulting version in effect on the        2,360        

effective date of Sections 3 and 4 of this act.